Illinois and the Nation 



TROWBRIDGE 



wmm 



nutinwwa as 



LIBRARY OF CONGRESS. 

t hap Copyright No. 

SheltJ Zb' 

IMTED STATES OF AMERICA. 



Illinois and the Nation 

How They Are Governed. 



FOR THE USE OF SCHOOLS, TEACHERS' 

INSTITUTES AND FOR PRIVATE 

INSTRUCTION. 



OLIVER R. TROWBRIDGE, 

Member of the Bloomington Bar. 




TWENTY-FIFTH EDITION. 
ENLARGED. 



CHICAGO : 
A. FLANAGAN, Publisher. 



P 0CT4-1899 




4*250 



Copyright, 1887, 

BY 

OLIVER R. TROWBRIDGE. 



Copyright, 1899, 



OLIVER R. TROWBRIDGE. 



RECEIVED 



D COPY 






CONTENTS. 



HISTORICAL SKETCH. 

PAGE 

Northwest Territory 7 

Indiana Territory 7 

Illinois Territory 7 

State of Illinois 7, 8 

CHAPTER I. 

THE TOWNSHIP SURVEY SYSTEM. 

How Land is divided 9 

How Land is described 13 

CHAPTER II. 

STATE GOVERNMENT. 

Legislative Department 17 

Executive Department 37 

Judicial Department ... 44 

CHAPTER III. 

THE DIVISIONS OF THE STATE. 
Description of the Divisions 50 

CHAPTER IV. 

COUNTY GOVERNMENT. 

Legislative Department 55 

Executive Department .' 58 

Judicial Department 61 

CHAPTER V. 

TOWN GOVERNMENT. 

Legislative Department 66 

Executive Department 69 

Judicial Department 75 



IV CONTENTS. 

CHAPTER VI. 

CITY AND VILLAGE GOVERNMENT. 

PAGE 

ve Department 77 

pertinent , . 79 

judicial Department 80 

CHAPTER VII. 

PUBLIC SCHOOL SYSTEM. 

Origin 82 

tion to State Government 83 

School Funds 83 

School Officers and their Duties 86 

CHAPTER VIII. 

MISCELLANEOUS. 

State Educational Institutions 98 

State Charitable Institutions 100 

State Penal and Reformatory Institutions 102 

Boards 104 

Officers Appointed by the Governor .. 113 

The State Militia 116 

Illinois Central Railroad 116 

Illinois and Michigan Canal 117 

tonal and Senatorial Districts 118 

Judicial Grand Divisions, Districts, and Circuits 123 

CHAPTER IX. 

riONAL GOVERNMENT. 

h 127 

Legislative Department 129 

rtment 157 

judicial Department 177 

APPENDIX. 

Constitution Ol Illinois • igi 

titntion of th€ United states 239 

Index .... 257 



PREFACE. 



|| jjjJHE State of Illinois cannot afford to expend $10,000,- 
B ■ 000 per annum for educational purposes unless her 
schools prepare their pupils for good citizenship. In these 
days it is not enough that the youth should become honest, 
industrious, and law-abiding citizens. They must be edu- 
cated in the elementary principles and practical workings of 
our republican form of government. Ignorance in regard 
to these matters is far too prevalent among our people. New 
questions, such as concern the civil service, direct legislation, 
proportional representation and kindred subjects constantly 
arise and must be met in a practical way. Unless the people 
understand the present machinery of our government, they 
can judge neither of its merits and demerits, nor of the 
merits and demerits of any proposed alteration. 

This book was written in the hope of promoting the study 
of the governments of Illinois and the Nation, and of hasten- 
ing the time when the civil government of our State will be 
added to the list of required studies for our common schools. 

OLIVER R. TROWBRIDGE. 



CIVIL GOVERNMENT OF ILLINOIS. 

HISTORICAL SKETCH. 

Northwest Territory* — At the close of the Revolutionary 
War, nearly every State claimed that its western boundary 
was the Mississippi River. But very soon New York, Vir- 
ginia, Connecticut and Massachusetts gave that part of their 
territory lying north of the Ohio River and west of Pennsyl- 
vania to the Government of the United States to assist in 
paying the debt incurred by the Revolution. 

In 1787, Congress formed the territory received from 
these States into the Northwest Territory, and after survey- 
ing it, sold it as public land. 

When did the Revolutionary War close? What States 
reserved a part of their western territory ? Where were the 
reserved territories, and what were they called ? 

Indiana Territory* — In 1800, the Northwest Territory 
was divided, and Indiana Territory was formed of the west- 
ern part. It included all the Northwest Territory except 
the present State of Ohio, and a small part of Indiana and 
of Michigan. 

Illinois Territory. — In 1809, Indiana and Michigan ter- 
ritory having been taken out, the remainder was called the 
Illinois Territory. It included Illinois, Wisconsin, and part 
of Minnesota. 

State of Illinois* — In 1818, Illinois, was admitted as a 
State. 

Capitals* — Illinois has had three capitals. The first, Kas- 
kaskia ; the second, Vandalia ; the third, Springfield. Locate 
each. 



8 ILLINOIS AND THE NATION. 

Constitutions. — Illinois has also had three constitutions. 
The first was adopted in 1818, the second in 1848, and the 
third in 1870. The last forms the basis of our study. 

Boundary. — The constitutional or legal boundary of a 
state ditTers from its geographical boundary. Let us take a 
Journey together, keeping on the boundary line of Illinois. 

irting at the point where parallel of latitude 42 degrees 
30 seconds X. crosses the middle of the Mississippi River, 
we follow this parallel eastward until it intersects the merid- 
ian which marks the middle of Lake Michigan; then south 
on this meridian till we reach the northern boundary of 
Indiana, which we follow westward until we come to the 
meridian passing through Vincennes, Indiana; we then go 
south on this meridian till we come to the middle of the 
Wabash River ; we follow the middle of this river until we 
come to its junction with the Ohio River, at which place 
we are obliged to change to the northwest bank of the latter, 
which we follow down stream to the Mississippi River; then, 
following the middle of the "Father of Waters," we com- 
plete our journey by ascending to the point of starting. 

Trace this journey on a map. 

When countries or states are separated by lakes or navi- 
gable rivers, the middle of the lake or stream is usually the 
boundary line. 

The Northwest Territory had for its southern boundary 
the northern side of the Ohio River at low water mark, and 

the States formed from it all have the same for their south- 
ern boundaries. 



CHAPTER I. 
THE TOWNSHIP SURVEY SYSTEM. 

HOW LAND IS DIVIDED. 

Need of a Survey System.— In order that we may un- 
derstand what is to follow, we must now learn about the 
township system of land surveys in the United States. 

Prior to 1786 the land surveys were by no means uni- 
form. But in that year Congress adopted a new system of 
which Thomas Jefferson is said to have been the author. 

A good system of surveys must divide the land into tracts 
of convenient shape and size, and must designate each tract, 
however small, briefly and accurately. Let us first learn 
how the land is divided ; second, how described. 

Principal Meridian, — The surveyors begin by establish- 
ing a north and south line which passes through some prom- 
inent and convenient point. Of course the line is a meridian 
of the earth's surface ; and since the surveyors use it as their 
principal north and south line, it is called a Principal Me- 
ridian. 

Base Line* — A line which crosses the principal meridian 
at right angles at some convenient point is then established, 
and is called a Base Line. 

Township Lines* — Meridians six miles apart on each 
side of the principal meridian, and parallels six miles apart 
on each side of the base line are then established. These are 
called Township Lines. 

Congressional Townships, — The squares inclosed by the 
township lines are called Congressional Townships. 



IO 



ILLINOIS AND THE NATION. 



We need not stop for all the particulars of the survey. 
By consulting the following diagram, we can understand 
the main features oi the system : 









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3 




1 \ 


L 


























rr 




































c 
























1 




i 


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D 




















ft 
















- 














































































t 






































































































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C 










































































| 1 




1 1 1 1 1 




















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DIAGRAM I. 



M 



The heavy vertical line marked P M represents a part of 
a principal meridian. It is crossed at right angles by a 
heavy line marked \\ L representing a part of its base line. 
The light vertical lines which cross the base line, and the 
light lines parallel to the base line represent township lines; 
the squares inclosed represent congressional townships. 

Sections and Section Lines* — Each township is divided 
into sections, each one mile square. They are represented in 
I Magram I 1. The lines bounding sections are called Section 
Lines. 



SURVEY SYSTEM. 



II 



Division of Sections* — Each section is divided into 
halves, quarters, eighths, and sixteenths. The surveyors 
that mark the township never survey the section. 

Each section contains 640 acres, "more or less." Since 
its east and west boundaries are meridians, it is evident that 
on account of the convergence of these meridians as they 
approach the poles, a section is not a perfect square ; hence 
it does not contain exactly 640 acres. 



1 6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 
19 


17 


16 


15 


14 


13 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 34 


35 


36 



DIAGRAM II. 



How many acres in each subdivision of a section ? How 
many acres in a township? What is meant by the "conver- 
gence of meridians" ? See your geography. 

Correction Lines* — -It will also be seen that the meridians 
which bound the townships are six miles apart only at the 
Base Line. 

Since north of the base line the meridians approach each 
other, if no corrections were made, the townships would 
become smaller and smaller the farther they were from the 
base line. To remedy this, correction lines are established 
every twenty-four miles north of the base line, and every 
thirty miles south of it, in this latitude. 



12 



ILLINOIS AND THE NATION. 



Double Corners. — The convergence north, or divergence 
south of the base line is taken up on the correction lines, 
and the townships start again with their proper width. Both 
township and section lines have double corners at the correc- 
tion lines. These are called closing corners and standard 
corners. 

Which are the closing corners? Which the standard? 
Why are the correction lines farther apart south of the base 



X 


Vs 


% 


iV 


•* 



DIAGRAM III. 



line than north of it? Why do the meridians "jog" in oppo- 
site directions on opposite sides of the principal meridian. 

Guide Meridians* — Every fifty-four miles east and west 
of the principal meridian a new meridian is established, and 
is called a Guide Meridian. 

Can you determine from the diagram I. why it is estab- 
lished ? 

The loss in width from convergence at any Correction 
Line near latitude 42 degrees N. is about twelve rods for 
each township. Therefore the "jog" of the first Township 
Line east or west of the Principal Meridian is about twelve 
rods ; the second Township Line, twenty- four rods ; the 
third, thirty-six, etc. The "jog" at the ninth Township, or 



SURVEY SYSTEM. 1 3 

fifty- fourth Section Line is about one hundred and eight 
rods. Diagram I. will show how the Guide Meridian is used 
in correcting the survey. Neither Guide Meridians nor 
Correction Lines were used in the early surveys. 

Location of Principal Meridians, — The First Principal 
Meridian forms the boundary between Ohio and Indiana. 
The Second Principal Meridian begins on the Ohio River 
at the mouth of Little Blue Creek, and extends north through 
Indiana very near the middle. The Third Principal Merid- 
ian extends north from the mouth of the Ohio River through 
Illinois at about the middle. Its Base Line crosses it at the 
northwest corner of Jefferson County, and is the continua- 
tion of the Base Line of the Second Principal Meridian. 
The Fourth Principal Meridian begins at the mouth of the 
Illinois River, and extends north to Lake Superior. Its 
Base Line crosses it at Beardstown. Two other Principal 
Meridians, the Fifth and Sixth, are numbered. They are 
both west of the Mississippi River. The other Principal 
Meridians are named, not numbered. 

HOW LAND IS DESCRIBED. 

Basis of Description*— In order accurately to locate a 
place, its position must be described with reference to two 
lines that intersect at right angles. 

Locate a few places on the earth's surface by giving 
their latitude and longitude. What two lines are used in 
locating each ? Locate the desk of one of the pupils. Sup- 
pose it is the fifth desk in the third row from the left side 
of the room, what two lines are used in locating it ? 

Townships* — In the first place the townships are num- 
bered in order north and south of the Base Line. Thus the 
township marked * in Diagram I. is called township one 



14 ILLINOIS AND THE NATION. 

north ; the one marked f is township three south. But 
these descriptions are not sufficiently accurate, as all town- 
ships east and west of these two are numbered just as they 
are with reference to the Base Line. 

Ranges* — With reference to the Principal Meridian the 
townships are not numbered separately east and west, but 
are considered in rows, or Ranges, as they are called. All 
townships immediately east of the Principal Meridian are 
in Range one east ; the townships immediately east of these 
are in Range two east, etc. 

The township marked * in Diagram I. is completely 
described as Township I North, of Range 4 East of the 
given Principal Meridian ; the township marked f , as Town- 
ship 3 South, of Range 4 West of the given Principal 
Meridian. 

Study the diagram until you can describe accurately any 
township or locate it when its description is given. 

Survey of Illinois* — Illinois is surveyed partly from the 
Second, partly from the Third, and partly from the Fourth 
Principal Meridian. 

South of the middle of Kankakee County the ranges are 
numbered east from the Third Principal Meridian to Range 
XI. ; north of this line they are numbered east to the State 
line. The ranges number west from this meridian to the 
Mississippi and Illinois Rivers, except those numbered from 
the Fourth Principal Meridian. The ranges in Illinois east 
of Range XI. are numbered west from the Second Principal 
Meridian. Range XI. East is a range of fractional town- 
ships, some of which are less than a mile wide. 

That part of Illinois lying west of the Illinois River and 
west of that part of the Third Principal Meridian which is 
north of the Illinois River, is surveyed from the Fourth 
Principal Meridian. 



SURVEY SYSTEM. 1 5 

No school in the State should be without a map of Illinois 
showing the counties, principal meridians, base lines, ranges, 
lines, townships and the manner in which they are numbered. 
Any Chicago dealer in school supplies can furnish such a 
map, mounted for wall use, for from one to two dollars. 

Sections* — The sections of a township are numbered 
from east to west and from west to east alternately, begin- 
ning at the northeast corner of the township. A careful 
study of the second diagram will make this clear. Be able 
to reproduce this diagram, as well as the others, from 
memory. 

School Sections. — Instead of selling all the sections of 
a township as public land, the United States government 
set apart section 16 for the maintenance of public schools. 
Since 1852, sections 16 and 36 have been given for school 
purposes. Such sections are usually called "school sections. " 
In Illinois each township has but one school section. 

Who live on the school section in your township ? 

Divisions of Sections* — Assume the section represented 
by Diagram III. to be section ten in township 6 north, of 
range 3 west of the principal meridian. Then the half- 
section shown is described as "the north one-half of section 
ten in township 6 north, of range 3 west of the third princi- 
pal meridian, containing 320 acres more or less ;" the quarter 
section, as "the southeast quarter of section ten," etc. ; the 
one-eighth, as "the north half of the southwest quarter of 
section ten," etc. ; the one-sixteenth, marked *, as "the south- 
east quarter of the southwest quarter of section ten," etc. 

Give a full description of each subdivision of the section 
represented in the following diagram. 

Abbreviations Used in Describing Land. — Descriptions 
may be abbreviated. Thus the tract marked * may be 
described N. E. i of the N. W. i Sec. 10, T. 6 N., R. 3 E. 



i6 



ILLINOIS AND THE NATION. 



of the 3d P. M. Write the abbreviations for each of the 
divisions given below: 





•* 


t 






















t 


1 









DIAGRAM IV. 

In tax receipts, delinquent tax lists, etc., the descriptions 
are still further abbreviated. The only fractions used in the 
descriptions are one-half and one-fourth. Since one-fourth 
occurs much more frequently than one-half, the writing of 
the former is omitted, being understood when no fraction is 
given. The description is still further abbreviated by omit- 
ting all punctuation marks ; and in printed lists, small letters 
are used instead of capitals. Thus the tract marked * is 
described as ne nw ; the tract marked f , as w^ se. 

Describe all the tracts given, in this way, and be able to 
locate any tract from such description. Examine some real 
estate tax receipts and, if possible, a delinquent tax list as 
published in the county papers. 

Is it necessary for the exact description of land for the 
State and county to be given? 




CHAPTER II. 



STATE GOVERNMENT. 



Three Departments* — As in the Nation, so in the State, 
there are three departments of government : The legislative, 
executive, and judicial. The first makes the laws, the second 
executes the laws, the third interprets the laws and decides 
disputes arising under them. 

The three departments, however, are not entirely distinct. 
The governor, an executive officer, has the power to veto all 
laws passed by the legislature. The legislature has judicial 
power in cases of impeachment, and executive power in 
confirming appointments made by the governor. The judi- 
ciary have a form of executive power in compelling men to 
obey the laws, and officers to perform their duties, as in cases 
of mandamus. 

The county and all other divisions of the State have the 
three departments above mentioned, as will be shown; al- 
though in some cases they are less distinct than in the State. 

A separate chapter will be given to our public school 
system, and the duties of school officers will be given in that 
connection ; yet they may be learned with the others. 

LEGISLATIVE DEPARTMENT. 

The State Legislature* — The law making body of Illi- 
nois is the General Assembly, which consists of two Houses : 
The Senate, or "Upper House," and the House of Repre- 
sentatives, or "Lower House." The General Assembly is 
commonly known as the "legislature/' 

M 



[8 ILLINOIS AND THE NATION. 

How Designated* — The different General Assemblies 
art designated by number, as the First General Assembly, 
the Twenty-eighth General Assembly. Each General As- 
sembly lasts two years, and in that time holds but one regular 
session. What is the number of the present General Assem- 
bly? Has it held its regular session? 

Time and Place of Meeting* The General Assembly 
holds its regular sessions at Springfield every two years, the 
sessions commencing at twelve o'clock noon on Wednesday 
next after the first Monday of January of the odd numbered 
years. 

Senatorial Districts* — Every ten years, at the first ses- 
sion after the taking of the census, the General Assembly 
divides the State into fifty-one Senatorial districts. These 
districts must contain as nearly as practicable the same num- 
ber of inhabitants, must be formed of contiguous and com- 
pact territory, and be bounded by county lines. But a county 
containing not less than one and three-fourths of the sena- 
torial ratio may be divided into separate districts according 
to the number of times it contains the ratio. No district can 
contain less than four-fifths of the senatorial ratio. The 
senatorial ratio is found by dividing the number expressing 
the population of the State by fifty-one. 

The districts are numbered from one to fifty-one. In 
what district do you live? (See index.) 

Number of Senators and Representatives. — One senator 
and three representatives are elected from each senatorial 
district. How many members in each house? 

Election of Members. — Members of the General Assem- 
bly are elected on the Tuesday next after the first Monday 
of November of the even numbered years. At every election 
all of the members of the next Low r er House are elected, and 
half the members of the next Senate, the senators from the 



i 



STATE GOVERNMENT. 1 9 

even numbered districts being chosen at one election, and 
those from the odd numbered, at the next. Because half of 
its members "hold over" at each session, the Senate is some- 
times called the "permanent" house of the General Assembly. 
Were the Senators chosen at the last election from the odd 
or even numbered districts? 

Vacancies* — When a vacancy occurs in either house, the 
governor orders a special election in that district to fill the 
vacancy, if the legislature is in session, or if there be a 
session before the next election of members to the General 
Assembly. Otherwise the vacancy is not filled. 

Minority Representation. — There are three members of 
the Lower House elected at the same time in every senatorial 
district. Every voter has the right to vote for the three men, 
giving each one vote ; for two men, giving to each one and 
a half votes ; or for one man, giving him three votes. 

In voting for two men a person may give two votes to 
one, and one to the other, or distribute his votes in two or 
three other ways ; but he is not likely to do so. By this plan 
the party in the minority can usually elect one man by having 
but one candidate, and giving him all the votes. How large 
must the minority be to elect one man ? 

Usually the party in the majority nominates two candi- 
dates, and the one in the minority nominates one candidate, 
in this case a nomination is equivalent to an election unless 
a second minority party develops unexpected strength in 
voting for a single candidate. When two parties are nearly 
equally divided, both sometimes nominate two candidates. 
In this case, the friends of one candidate will give three votes 
for their favorite, instead of one and a half for each candi- 
date on the ticket. This is called "plumping," and may 
sacrifice party to personal interests. 

A special vote was taken in 1870 on the section of the 
constitution relating to minority representation, and it was 



20 ILLINOIS AND THE NATION. 

adopted. What are its advantages? Do you know of any 
other State that has minority representation? 

Term of Members* — The members of the Lower House 
are elected for two years, and those of the Upper House 
for four years. 

Eligibility of Members.— Senators must be twenty-five, 
and representatives twenty-one years of age. Both must be 
citizens of the United States, and residents of this State five 
years, and of their respective districts two years next pre- 
ceding their election. 

Neither senators nor representatives can hold any office 
under this State, the United States, or any foreign govern- 
ment, excepting appointments in the militia, and the offices 
of notary public and justice of the peace in this State. 

No person can be a senator or representative after he has 
been convicted of bribery, perjury, or other infamous crime, 
or after he has failed to account for, and pay over all public 
moneys collected or held by him at any time. 

The laws of Illinois name the crimes which are "infa- 
mous" in this State. 

What is bribery? What is perjury? 

Oath of Members. — In addition to the usual oath of 
office, every senator or representative is required to swear 
(Of affirm) that he has not paid anything, or made any 
promise in the nature of a bribe, to influence any vote at the 
time of his election ; and that he has not, and will not accept 
anything from any corporation or person for any vote or 
influence he may give or withhold on any bill, resolution, or 
appropriation, or for any official act. 

The oath is subscribed by each member, and is filed in 
the office of the secretary of State. If any member should 
refuse to take the oath as prescribed by the constitution, he 
would forfeit his office. 

What is it to subscribe an oath? 



STATE GOVERNMENT. 21 

Privileges of Members* — Senators and representatives 
are privileged from arrest in all cases except treason, felony, 
or breach of the peace, during the session of the General 
Assembly, and in going to and returning from it. 

Treason is defined in the third article of the constitution 
of the United States. ( See appendix. ) 

In Illinois a felony is an offense punishable with death or 
with imprisonment in a penitentiary. 

What is a breach of the peace ? 

No member of either house can be called to account at 
any other place for any speech or debate made in the house 
to which he is elected. This gives freedom of speech. A 
similar provision is found in the National constitution. 

Disabilities of Members* — No senator or representative 
can be appointed by the governor, with or without the con- 
sent of the Senate, to any civil office within the State during 
the term for which he is elected. 

Members of the General Assembly cannot be interested 
in any contract with the State, or with any county, which is 
authorized by any law passed while they are members, or for 
one year after their terms have expired. 

What reasons can you give for these disabilities? 

Pay of Members* — Members of the General Assembly 
receive Si,ooo for each regular session; five dollars per day 
for any special or called session, and ten cents for each mile 
necessarily traveled in going to, and returning from, Spring- 
field. The mileage is computed by the auditor of public 
accounts. Fifty dollars per session is allowed each member 
for stationery, postage, newspapers, and other incidental 
expenses. 

Both the pay and the mileage allowed each member are 
certified to by the presiding officer of his house, and having 
been entered upon the journal, are published at the close of 
the session. 



22 ILLINOIS AND THE NATION. 

The pay of members can be changed, but not for those 
elected for the term in which the change is made. Why not ? 

Quorum. — A majority of the members elected to each 
house constitutes a quorum. 

What is a quorum? 

Rules* — Each house determines the rules of its own 
proceedings. 

When the legislature meets, one of the first things that 
demands the attention of each house is the rules that are to 
govern its proceedings. Usually upon motion of some mem- 
ber, the rules of the last Senate or House, as the case may 
be, are adopted temporarily, and a committee on permanent 
rules is appointed. This committee soon reports, giving the 
proposed rules in detail. The rules as reported by the com- 
mittee are discussed, perhaps amended, and adopted. Some 
book on parliamentary practice, as Cushing's Manual or 
Roberts' Rides of Order, is then adopted as authority in all 
questions not touched upon by the rules adopted. 

Membership* — Each house is the judge of the elections, 
qualifications, and returns of its own members. 

It sometimes happens that two men claim election as 
senator, or four as representatives, from the same district. 
In such cases those having the proper certificates of election 
signed by the governor are usually seated until the proper 
house can investigate the matter, and decide between the 
contestants. The houses are not always impartial judges in 
cases of contested elections of their respective members, and 
sometimes, no doubt decide from political bias. But it is 
thought that no other body should decide these cases. 

Certificates of election are called "credentials." 

After every election for members of the General Assem- 
bly, all county clerks make abstracts of the election in their 
respective counties, showing the number of votes received 



STATE GOVERNMENT. 23 

by each candidate. The abstracts are called the "returns" 
of the election, and may be questioned as to the genuineness 
or accuracy. 

The secretary of State, auditor, treasurer, attorney-gen- 
eral, or any two of them, in the presence of the governor, 
canvass all the returns, and publish the result of the election. 

Officers — How Chosen.— Each house chooses its own 
officers. 

Officers of the House. — The usual officers of the House 
are Speaker, clerk and three assistants, door-keeper and three 
assistants, postmaster and one assistant, enrolling and en- 
grossing clerk and two assistants. 

Officers of the Senate. — The usual officers of the Senate 
are President, president pro tempore, secretary and two as- 
sistants, postmaster and one assistant. 

Speaker. — It is the duty of the Speaker to preside over 
the House, to sign all bills passed by the House, to appoint 
the standing committees and most of the special committees. 

Committees* — There are about forty-five standing com- 
mittees of the House, each consisting of from three to 
twenty-five, or more, members. Usually a majority of each 
committee are members of the same political party as the 
Speaker. The chairman of the committee is named in the 
appointment. 

All measures concerning the State's finances are referred 
to the Committee on Finance, who examine them separately, 
and report to the House. Measures concerning matters of 
education are referred to the Committee on Education, and 
so on. 

Only slight changes to the reports of committees are 
usually made by the legislature, so the committees practically 
control the legislature. For this reason chairmanships of 
important committees are much sought after by the friends 
of the Speaker. 



24 ILLINOIS AND THE NATION. 

President of the Senate* — The duties of the President 
of the Senate are about the same as those of the Speaker. 
He is elected by the people under the title of Lieutenant- 
Governor, and is not a member of the Senate. He has no 
vote, except when the Senate is evenly divided. The Speaker 
of the House is always a member of that body, and as such, 
has a vote on all questions. Many people think if a member 
of a body is chosen chairman, he has no vote except in case 
of a tie. This is a mistake. If the chairman be a member 
of the body over which he presides, his right to vote on any 
question is just the same as though he were not chairman. 

President Pro Tempore. — The president pro tempore is 
a member of the Senate who is chosen to preside in the 
absence of the President ; he does not lose his right to vote. 

Clerk and Secretary. — The clerk of the House and the 
secretary of the Senate perform similar duties for their 
respective houses. They read the proceedings of the pre- 
vious day, call the roll, read bills, resolutions, and keep a 
record of the proceedings from day to day. 

The clerk is required to furnish the State printer with an 
exact copy of each day's proceedings, so that a copy of the 
proceedings of the preceding day may be placed upon the 
desk of each member every morning. 

Door-keeper and Sergeant-at-Arms. —The door-keeper 
of the House, and the sergeant-at-arms of the Senate serve 
the processes, and execute the orders of their respective 
houses, maintain order among the spectators, and prevent 
the interruption of business. They may arrest, with or with- 
out a warrant, any person guilty of any breach of the peace 
or crime in or about the State House and its grounds. 

The door-keeper of the House announces the secretary 
of the Senate and the private secretary of the governor when 
they wish to deliver communications and messages ; he also 



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STATE GOVERNMENT. 25 

. announces the Senate when that body is to convene with the 
House in joint session. 

Enrolling and Engrossing: Clerk. — This officer prop- 
erly engrosses all bills and resolutions when ordered to do so 
by the House. When a bill originates in the House and is 
passed by both the House and the Senate, he enrolls it before 
it is laid before the governor for his approval. 

Postmasters* — The postmasters receive the mail for the 
members of their respective houses from the government 
post-office and distribute it into the boxes of the members at 
the post-office of the General Assembly. 

Other Officers, — Sometimes the House has a reading 
clerk, and the Senate a bill clerk, whose duties may be in- 
ferred from their titles. The President and Speaker have 
each a private secretary. 

Employes. — Besides the officers, there are several em- 
ployes. There are about twenty clerks of committees ; also 
a number of policemen and pages. The pages are boys who 
wait upon the members, and carry messages for the Speaker 
and President. Sometimes girls are employed as pages. 
Each house may employ a chaplain and fix his pay. 

Organization of House* — The secretary of State calls 
the House of Representatives to order at the opening of each 
new General Assembly, and presides until a temporary 
Speaker has been chosen, and has taken his seat. 

Since none of the representatives hold over from the last 
session, no one of the members present is authorized to call 
the House to order. 

Immediately after the House is called to order by the 
secretary of State, prayer is offered, and the roll of the House 
is called. The House then proceeds to elect a temporary 
Speaker and other temporary officers. 

After the members have taken the oath of office, they 
decide what officers and employes the House shall have, and 



26 ILLINOIS AND THE NATION. 

proceed to elect the former. The employes are nearly all 
appointed by the Speaker after his election. 

Expulsion of Members* — No member can be expelled 
from either house except by a vote of two-thirds of all the 
members elected to that house, and no member can be twice 
expelled for the same offense. 

Members are expelled only for the most serious offences. 

How many votes are necessary to expel a senator? A 
representative ? 

If a member should be expelled, and his constituents 
should return him, he could not be expelled a second time 
for the same offence 

Contempt*— Each house may punish by imprisonment 
any person, not a member, for disrespect to the house, or for 
disorderly or contemptuous behavior in its presence. But 
no person can be imprisoned more than twenty-four hours at 
one time, except for persisting in his objectionable conduct. 
This power is sometimes, though seldom, used. 

Open Doors* — The doors of each house, and of commit- 
tees of the whole, must be kept open except in cases when, 
in the opinion of that house, secrecy is required. 

Can you think of a case that would require secrecy in 
either house? 

Committee of the Whole* -Sometimes, instead of re- 
ferring the matter to a committee, the whole house forms 
itself into a "committee of the whole," and takes up the 
matter as a committee. When through with the subject, it 
reports to the house. 

When a legislative body goes into a committee of the 
whole, the regular chairman takes his place among the mem- 
bers, and some one else is appointed chairman of the com- 
mittee. When the committee rises to report, the regular 
chairman takes his place again, and receives the report of the 
committee through its chairman. 



STATE GOVERNMENT. 27 

Adjournment* — Neither house can, without the consent 
of the other, adjourn for more than two days, or to any other 
place than that in which the two houses are sitting. 

It sometimes happens that one house is largely of one 
party, and the other house of another. In such cases either 
house could delay and defeat the measures of the other by 
adjournments, were these not restricted. 

Journals* — Each house keeps a journal of its proceedings, 
which is published for distribution. Did you ever see a copy 
of the journal of either house? Get one and examine it. 
The secretary of State will send these journals by express, 
but may not pay the express charges. Your county clerk 
may be able to supply you with a copy. 

Yeas and Nays. — In the Senate, at the request of two 
members, and in the House at the request of five members, 
the yeas and nays are taken on any question, and are entered 
upon the journal. 

When the yeas and nays are called for, the clerk calls the 
roll of the house, and every member votes yea or nay on the 
question, and his vote is recorded and published with the 
journal. What are the advantages of this? 

Protest of Members*- — If any two members of either 
house wish to protest against or dissent from any action or 
vote they think injurious to the public or to any person, they 
are at liberty to do so in respectful language, and have their 
reasons entered upon the journal. 

Style of Bills. — All laws of this State begin as follows : 
Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly. This is called the "enacting 
clause." Without this a law would be void. 

"Where Bills May Originate. — Bills may originate in 
either house, but may be changed or rejected by the other. 



28 IIXINOIS AND THR NATION. 

Final Passage of Bills, — On the final passage of all bills 
the votes are taken by yeas and nays, and entered upon the 
journal. 

Bills Voted upon Separately* — The final vote is taken 
upon each bill separately. 

Vote Necessary* — No bill becomes a law unless it re- 
ceives the vote of a majority of all the members elected to 
each house. How many votes must a bill receive in the 
Senate? In the House? 

Three Readings Necessary* — Every bill must be read 
at large on three different days in each house. 

Bills Must be Printed. — Every bill and all its amend- 
ments must be printed before the last vote is taken upon it. 

|The printed bills are distributed among the members, a 
copy of each bill being placed in the post-office box of every 
member. No member can explain away or excuse his vote 
by saying he did not know exactly what the bill was about. 

Signatures Necessary. — After it has passed both houses 
a bill must be signed by the President of the Senate and by 
the Speaker, before it is presented to the governor. 

Only one Subject. — No act can embrace more than one 
subject, and that must be expressed in its title. If any bill 
embrace a subject which is not expressed in its title, the part 
relating to this subject is void, but the remainder of the bill 
remains in force. 

When there was no limitation to the number of subjects 
that might be included in any bill, it was a common practice 
to put several subjects into one bill, and then force members 
to vote for the objectionable parts in order to secure the pas- 
sage of the rest of the bill. 

Every bill has a title, thus : "An act to establish and main- 
tain a system of free schools." "An act to revive the law in 
relation to township organization." 



STATE GOVERNMENT. 29 

Laws Revived or Amended. — No law can be revived 
or amended by reference to its title only ; the act revived or 
amended must be given in full in the new act. 

It is easy to see that all these conditions tend to prevent 
careless and evil legislation. 

What is it to repeal a law ? To revive a law ? To amend 
a law? 

When Laws Take Effect. — An act of the General Assem- 
bly takes effect upon the first day of July next after its pas- 
sage, unless in case of emergency. In such a case the act 
must receive a two-thirds vote of all the members elected 
to each house, and must have the emergency stated in some 
part of the act. The "emergency clause/' as it is called, is 
usually at the end of the act, and reads as follows : "Whereas 
an emergency exists (sometimes the emergency is stated), 
this act shall take effect and be in force from and after its 
passage. 

As a rule, laws should not take effect for some time after 
their passage, in order that the people may learn of them, and 
adjust themselves and their affairs to the new conditions. 

The Governor's Veto. — When a bill is passed by both 
houses, it is sent to the governor for his signature. If he 
wishes the bill to become a law, he signs it, and so makes it 
a law. But if he does not wish it to become a law, he does 
not sign it, but sends it back to the house in which it first 
started. He sends with it his objections, which are written 
in the journal of this house, and the bill is again taken up. 
This time, in order to pass, it must receive the vote of two- 
thirds of the members elected, and, if it receives this vote in 
the house to which it is returned, it is sent, together with the 
objections of the governor, to the other house. A vote of 
two-thirds of the members elected to this house makes it a 
law without the signature of the governor, 



30 ILLINOIS AND THE NATION. 

In all such cases the vote of each house must be by yeas 
and nays, and be entered upon the journal. 

If the governor does not return a bill within ten days 
(Sundays not counted) after it is sent to him, it becomes a 
law just as if he had signed it, unless the legislature adjourns 
before the ten days are up, and so prevents its return. In 
this case, if the governor does not want the bill to become a 
law, he can prevent it by sending his objections to the office 
of the secretary of State within ten days after the legislature 
adjourns. 

When the governor neither signs a bill nor returns it with 
his objections within ten days, it is called a "pocket veto." 

Try to give a reason for each provision regarding the 
governor's veto. This will help you to understand the 
matter. 

In the case of the veto pow r er, the governor, who is an 
executive officer, has something to do with the law-making 
power. His veto power is intended to act as a check upon 
the legislature. 

The word veto means "I forbid." The message contain- 
ing the governor's objection to a bill is called a "veto mes- 
sage." 

Special Laws Prohibited. —The General Assembly can- 
not pass a special law, or a law relating to some particular 
case when a general law will apply. 

Under the first two constitutions of Illinois, special laws 
were allowed except in two or three cases, and at some ses- 
sions they formed the bulk of the laws enacted. The session 
laws of 1857 contain 302 pages of public laws, and 1,450 
pages of private laws. It must be kept in mind that laws 
upon these subjects are not prohibited; but that the laws 
must be general. 

Why should special legislation be prohibited in each of 
the following cases? 



STATE GOVERNMENT. 3 1 

Changing County Seats. — The General Assembly can- 
not locate or change county seats by special laws. 

Since the county seat is the place where the business of 
the county is transacted, the people of the respective counties 
locate and change their county seats. 

The question is voted upon after due notice has been 
given. A special election is held when the question of a 
change of county seat is voted upon. Why hold an election 
for this purpose only? 

Special Charters Prohibited* — The legislature cannot 
now give special charters to cities and villages ; neither can it 
amend or change any charter already given. 

Since 1870 all cities and villages have been incorporated 
under a general law ; but before that time most cities were 
incorporated by special laws known as the "charters" of the 
respective cities. If the people of a city are dissatisfied with 
their charter they cannot have it amended, but may vote to 
give it up and then organize under the general law. 

Rate of Interest. — No special law can be passed regulat- 
ing the rate of interest on money. No person or corporation 
can charge a higher rate of interest than that authorized by 
the general law. What is now the highest authorized rate ? 

Fees of Officers. — The General Assembly cannot create 
or change the fees of any public officer during the term for 
which he is elected. 

Special Privileges and Immunities. — No special or ex- 
clusive privilege or immunity can be granted to any person 
or corporation. 

A privilege implies the liberty to do something; an im- 
munity implies exemption from some duty, tax, or obli- 
gation. 

Release of Indebtedness. — The General Assembly has no 
power to release any person or corporation from indebted- 



32 ILLINOIS AND THE NATION. 

ness to the State or to any municipal corporation within the 
State. 

Special laws are prohibited in several other cases, as may 
be found by referring to the State constitution. The above 
cases have been chosen because they relate more especially 
to the other subjects of our study. 

Public Moneys and Appropriations. — The General As- 
sembly can make no appropriation of money out of the treas- 
ury in a private law. 

Bills making appropriations for the pay of members and 
officers of the General Assembly, and for the salaries of the 
officers of the State government, must not contain provisions 
on any other subject. Were it not for this provision, mem- 
bers in order to vote for the pay of themselves and others, 
might be obliged to vote for some objectionable provision. 
Such a provision in an appropriation bill is called a "rider." 

No money can be drawn from the treasury unless it has 
been appropriated for the purpose for which it is drawn. 

The treasurer is forbidden to pay out any money except 
on an order issued by the State auditor. This order is called 
the "auditor's warrant." 

When money has been appropriated for any given pur- 
pose, or belongs to any particular fund, it cannot be drawn 
or used for any other purpose. 

Within sixty days after the adjournment of each session 
of the General Assembly, the auditor must publish an item- 
ized statement of all money expended at that session. 

Each General Assembly provides for the appropriations 
necessary for all the expenses of State government for the 
next two years, or until the end of the first fiscal quarter 
after the adjournment of the next regular session. The 
aggregate amount appropriated cannot be increased except 
by a vote of two-thirds of the members elected to each 



STATK GOVEPNMENT. 33 

house, and in no case can it exceed the amount of revenue 
authorized by law to be raised within the two years. 

All appropriations, general or special, end with the first 
fiscal quarter after the adjournment of the next regular ses- 
sion. The fiscal year ends September 30. 

State Indebtedness Limited. — The State, in order to 
meet accidental deficits or failures in revenue, may contract 
debts which can never exceed in the aggregate $250,000. All 
moneys thus borrowed must be applied to the purpose for 
which they were obtained, and to no other purpose. 

No other debts, except for the purpose of repelling inva- 
sion, suppressing insurrection, or defending the State in war, 
can be contracted unless by a vote of the people. 

Illinois is now virtually out of debt. 

Extra Pay Prohibited. — The General Assembly cannot 
grant extra pay or allowance to any officer, agent, servant or 
contractor, after service has been rendered, or contract made. 

However, appropriations may be made for expenses in- 
curred in repelling invasion, or suppressing insurrection. 

Loan of Credit Prohibited. — The State can never pay 
or become responsible for the debts of any person or corpo- 
ration, nor can it in any manner give or loan its credit to any 
such person or corporation. 

Officers Liable to Impeachment. — The governor and all 
civil officers of the State are liable to impeachment for any 
misdemeanor in office. 

It is easy to see that an officer may commit an offence for 
which he is responsible to the State as its servant, and to the 
civil authorities as a citizen. 

Thus, habitual drunkenness on the part of an officer 
would unfit him for the duties of his office, and make him 
subject to impeachment and removal from office. He mig*ht 
also be fined for drunkenness. 



34 ILLINOIS AND THE NATION. 

Power of Impeachment. — The House has the sole power 
of impeachment. Its action in such cases is similar to that 
of a grand jury in a criminal case, and the charges which 
it prefers are similar to an indictment. 

The House hears the evidence against an officer, and, if 
a majority of all its members so vote, the officer is impeached. 

Trial of Impeachment. — All cases of impeachment are 
tried by the Senate. 

When an officer has been impeached by the House, the 
Senate hears the evidence for and against him, and if two- 
thirds of the senators elected so vote, he is convicted of the 
charge or charges against him. 

When trying cases of impeachment, the senators are 
under oath, or affirmation, to do justice according to law 
and evidence. The Senate in this case acts as a jury. 

Punishment* — The punishment in cases of impeachment 
can only extend as far as removal from office and disqualifi- 
cation to hold any office of trust or profit in the State. 

After impeachment and conviction as an officer, a man is 
still liable to trial and conviction in the courts as a citizen. 

Trial of Governor. — When the governor is tried, the 
chief justice of the State presides instead of the lieutenant- 
governor. This is the case because, if the governor should 
be convicted and removed from office, the lieutenant-gov- 
ernor would become governor; he would thus be interested 
in the result of the trial. 

State Contracts. — All fuel, stationery and printing paper 
furnished for the use of the State, and all printing and bind- 
ing ordered by the General Assembly must be let by contract 
to the lowest responsible bidder. 

No member of the General Assembly, or other State 
officer, can be interested directly or indirectly in any contract. 

All contracts must be approved by the governor. 



I 



STATE GOVERNMENT. 35 

The contracts are large, and there is a popular notion that 
men make a great deal of money out of them. 

State Cannot be Sued. — The State of Illinois can never 
be made defendant in any court of law or equity. 

This provision of our constitution has a history. 

When the United States constitution was submitted for 
the ratification of the thirteen States, it contained a detailed 
statement of the power of the national courts. Among other 
things this power w r as to extend to controversies between a 
State and citizens of another State. During Washington's 
first term as President, a citizen of South Carolina sued the 
State of Georgia, and the supreme court of the United States 
decided that the case was within its jurisdiction by the terms 
of the constitution. 

The several States, seeing that they were liable to num- 
berless suits, caused, through their representatives, the pro- 
posal of an amendment to the constitution declaring that 
"the judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against any one of the United States by citizens 
of another State, or by citizens or subjects of anv foreign 
State." 

This amendment was ratified by the States, and is known 
as the "eleventh" amendment. 

Lotteries Prohibited. — The General Assembly has no 
power to authorize lotteries or gift enterprises for any pur- 
pose, and must pass law prohibiting the sale of lottery or gift 
enterprise tickets in the State. 

Some States have not only allowed lotteries, but have 
conducted them as a means of paying off their indebtedness. 

Term of Office. — No law can be passed which shall in 
any way extend the term of any public officer after his elec- 
tion or appointment. 



36 ILLINOIS AND THE NATION. 

A few years ago a change in the time of electing county 
superintendents was made which brought the regular elec- 
tions at one time five years apart. The superintendents who 
were elected for four years did not hold over the fifth year, 
but superintendents were appointed by the county boards 
for that year. 

Protection of Miners. — The General Assembly must 
pass laws for the protection of miners by requiring the con- 
struction of escapement shafts, appliances for ventilation, 
and other means of safety. 

Drainage. — The General Assembly may, and has passed 
laws permitting the owners or occupants of land to construct 
drains across the lands of others, provided the drains are for 
agricultural or sanitary purposes. 

In 1878, an amendment to the State constitution was 
adopted, authorizing the General Assembly to pass laws 
providing for the organization of drainage districts. Such 
laws have been passed. 

The corporate authorities of drainage districts have 
power to construct and maintain levees, drains and ditches 
by special assessments upon the property benefited. What 
is a levee? 

Homestead and Exemption Laws* — Liberal homestead 
and exemption laws must be passed. 

A certain amount of real estate and personal property is 
exempt from seizure for the payment of ordinary debts. The 
word "homestead" relates to real estate. 

The New State House. — The constitution of 1870 pro- 
vided that not more than $3,500,000 can be expended upon 
the new State House, unless a majority of the votes cast at a 
general election, at which the question is submitted, shall be 
for the additional expenditure. The additional expendi- 
ture asked for by the General Assembly was voted upon 
three times. It was carried in 1884. 



STATE GOVERNMENT. 37 

EXECUTIVE DEPARTMENT. 

Officers. — The executive department of the State consists 
of a governor, lieutenant-governor, secretary of the State, 
auditor of public accounts, treasurer, superintendent of pub- 
lic instruction, and attorney-general. 

Term of Office. — These officers, with the exception of 
the treasurer, hold their offices four years. The treasurer's 
term is two years, and he cannot hold the office two terms in 
succession. Can you give a reason for this? 

Residence. — All of the executive officers, excepting the 
lieutenant-governor, must reside at the State capital during 
their term of office. 

Why is the lieutenant-governor excepted? 

Election. — An election is held for governor, lieutenant- 
governor, secretary of State, auditor, treasurer, and attorney- 
general on the Tuesday next after the first Monday in No- 
vember of every year in which there is an election for 
President of the United States. There is an election for 
treasurer and superintendent of public instruction on the 
Tuesday next after the first Monday in November in the "oflf 
years in politics" — that is, half way between the Presidential 
elections. 

This arrangement takes the election of superintendent of 
public instruction out of politics as much as possible without 
having a general election for the State superintendent only. 

A general election is one at which any State officer is 
elected. 

Returns of Election. — The election returns for State 
officers are sealed and sent by the several county clerks to 
the secretary of State, directed to "The Speaker of the House 
of Representatives." 

Immediately after the organization of the House, and 
before any other business is transacted, the Speaker opens 



38 ILLINOIS AND THE NATION. 

the returns, and announces the result to the two houses who 
meet together in the hall of the House of Representatives 
for that purpose. 

The person having the highest number of votes for any 
office is declared elected. If two or more persons have an 
equal and the highest number of votes for any office, the 
General Assembly, by joint ballot, chooses one of them for 
the office. 

Eligibility. — Xo person is eligible to the office of gov- 
ernor or lieutenant-governor who is not thirty years of age, 
and who has not been for five years next preceding his elec- 
tion a citizen of the United States and of Illinois. 

All the state executive officers, except the treasurer, are 
declared by the constitution to be ineligible to any other 
office during the time for which they are elected. 

Vacancies. — In case of vacancy by death, resignation or 
otherwise, of any executive officer, except governor or lieu- 
tenant-governor, the governor fills the vacancy by appoint- 
ment, and the person appointed holds the office during the re- 
mainder of the term. 

Accounts. — All officers of the executive department and 
of all public institutions of the state must keep accounts of 
all moneys received and paid out by them, and under oath 
must make a semi-annual report of these accounts to the 
governor. 

Reports. — At least ten days before each regular session 
of the General Assembly, the officers of the executive depart- 
ment and of all State institutions must report to the govern- 
or. The governor transmits these reports, and those of the 
judges of the supreme court concerning defects in the con- 
stitution or the laws, to the General Assembly. 

The governor may require written information, under 
oath, from any of these officers concerning the affairs of 
his office. 



i 



STATE GOVERNMENT. 39 

Oath. — The executive, and all other civil officers swear 
(or affirm) that they will support the constitution of the 
United States and of Illinois; and that they will faithfully 
discharge the duties of their respective offices to the best of 
their ability. No other oath can be required of any civil 
officer. 

GOVERNOR. 

Executive Power. — The governor has supreme executive 
power, and must see that the laws are executed. 

Message. — At the beginning of each session of the Gen- 
eral Assembly, the governor sends it a message giving the 
condition of the State; recommending such measures as he 
deems best; containing a statement of the money received 
and paid out by him according to law, and presenting esti- 
mates of the amount of money that should be raised by tax- 
ation for all State purposes. 

His message is accompanied by the reports of the other 
executive officers. 

General Assembly. — Whenever the public good may re- 
quire it, the governor may call the General Assembly to- 
gether in an extra session. The proclamation calling the 
extra session must state the purpose for which it is called, 
and no business can be transacted except that given in the 
proclamation. 

If the two houses fail to agree upon the time for ad- 
journment, and the house which first moves the adjourn- 
ment certifies such failure to the governor, he may adjourn 
them to such time as he may think proper, but not beyond 
the first day of the next regular session. 

Appointment of Officers- — The governor, by and with 
the advice and consent of the Senate, appoints certain State 
officers. 



40 ILLINOIS AND THE NATION. 

In case of a vacancy in any State office that is not elective, 
the governor makes a temporary appointment until the next 
meeting of the Senate. 

A person who has been rejected by the Senate cannot be 
renominated by the governor for the same office at the same 
session, unless at the request of the Senate; nor can he be 
appointed to the same office during a recess of the Senate. 

Were it not for these restrictions, the governor might 
keep on nominating the same man for the same office till 
the adjournment of the Senate and then appoint him to fill 
the office temporarily until the next meeting of the Senate. 

Removal of Officers. — Any officer appointed by the 
governor may be removed by him for incompetency, neglect 
of duty, or illegal conduct; and the governor may appoint 
some one else to fill the vacancy. 

Reprieves, Commutations and Pardons. — The governor 
has power to grant reprieves, commutations, and p,ardons to 
persons convicted of crimes. 

A reprieve is a temporary suspension of the execution of 
a penalty. 

A commutation is a change from one punishment to an- 
other less severe, as from death to imprisonment for life. 

A pardon is a complete removal of penalty, and restora- 
tion to citizenship. 

Commander-in-Chief of the Militia. — The governor is 
commander-in-chief of the militia of the State when they are 
not in the service of the United States. 

The governor has at all times the appointment of certain 
officers of the militia. 

Veto. — The governor's veto has been discussed in another 
place. Be sure to review it in this connection. 

Salary. — The governor receives a salary of $6,coo a year 
and has the use of the executive mansion. 






I! 



STATE GOVERNMENT. 4 1 

LIEUTENANT-GOVERNOR. 

Successor to Governor . — In case of the death, resigna- 
tion, or disability of the governor, the lieutenant-governor 
becomes governor. In case of his disability also, the presi- 
dent pro tempore of the Senate, and in case of his disability 
the duties of governor devolve upon the Speaker of the 
House for the remainder of the term. 

President of the Senate. — The lieutenant-governor is 
President of the Senate, but has no vote except in case of a 
tie. 

Salary. — The lieutenant-governor's salary is $1,000 a 
year. 

SECRETARY OF STATE. 

Keeper of Public Acts. — The secretary of State must 
keep in his office, properly filed and indexed, all public acts, 
laws and resolutions of the General Assembly. 

When the legislature is not in session, he keeps all books 
and papers belonging to each house. 

Calls House to Order. — The secretary of State calls the 
House of Representatives to order, and presides until a tem- 
porary Speaker is elected. 

Register. — He must keep a register of all the official acts 
of the governor, and of all commissions issued by him. What 
is a commission ? Every justice of the peace or notary public 
has a commission from the governor. 

Seal of State. — The secretary of State is the keeper of 
the "Great Seal of the State of Illinois,'' and must affix this 
seal to all commissions and documents countersigned by 
himself. 

What is a seal ? Every notary public in Illinois has one, 
and a little effort will enable you to see one of these. 

Custodian of Property. — He is custodian of all public 
buildings and grounds in the city of Springfield. 



\1 ILLINOIS AND THE NATION. 

Laws and Journals. — He must supervise the distribu- 
tion of the session laws and the journals of the General 
Assembly. 

Report — He must report the affairs of his office bien- 
nially to the governor. 

Certificate. — He must certify to the correctness of the 
law and journals when they are published. 

Charters. — The secretary of State issues charters to cor- 
porations. 

There are corporations for the purpose of .government, 
as cities and villages ; for business purposes, as railroad, 
insurance and manufacturing companies ; for improvement 
of members, but not for money-making, as in case of socie- 
ties and associations ; for religious purposes, as church or- 
ganizations of various kinds. 

Weights and Measures. — The secretary of State is the 
keeper of the public standards of weights and measures. 

Registry Blanks. — He must furnish registration blanks 
to judges of election prior to every general election. 

He has other duties of minor importance. 

Bond, — The secretary of State must give a bond for 
$100,000. 

Salary, — His salary is $3,500 a year. 

AUDITOR. 

Accounts. — The auditor is the book-keeper of the State. 
He keeps accounts with all public officers, corporations, and 
individuals doing business with the State. 

Whenever a claim or bill is presented for payment of 
money out of the State treasury, he examines, or audits it, 
to see if it is legal. 

Warrants. — If the auditor finds a claim to be legal and 
just, he signs an order on the treasurer for the proper 



STATE GOVERNMENT. 43 

amount. Such orders are called ''auditor's warrants. " He 
keeps a record of all warrants signed by him. 

The auditor is the "watch-dog of the treasury." 

Rate of Taxation. — The auditor assists the governor in 
computing the rate per cent, of taxation necessary to raise 
sufficient revenue for State purposes. 

The legislature fixes the amount to be raised by taxation. 

Report* — The auditor reports biennially to the governor. 

Bond. — He gives a bond for $50,000. 

Salary. — His salary is $3,500 a year. 

TREASURER. 

Public Funds. — The treasurer must receive and safely 
keep all moneys which are authorized by law to be paid to 
him. 

The treasurer is not allowed to receive and receipt any 
money whatever unless he has an order from the auditor 
directing him to receive it. Neither can he pay out money 
except upon the auditor's warrant. When he pays an order, 
he must cancel it with some instrument that will cut or per- 
forate the paper. 

Give a good reason for each of these provisions. 

Monthly Settlements. — The treasurer must settle with 
the auditor at the close of each month, stating the amounts 
received and paid out, and on what accounts. He must also 
return all warrants canceled by him, and obtain the auditor's 
receipt for them. 

Report. — The treasurer makes a biennial report to the 
governor. 

Bond. — The treasurer's bond is for $500,000. 

Salary. — His salary is $3,500 a year. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

The duties of this office are given in the chapter on 
schools. They may be learned in this connection if desired. 



44 ILLINOIS AND THE NATION. 

ATTORNEY-GENERAL. 

State and State Officers, — The attorney-general repre- 
sents the people and the State in all suits in which they are 
interested before the supreme court. He also acts as attor- 
ney for State officers, when suits are brought against them 
as officers. 

Advisory Duties — The attorney-general consults with 
and advises State's attorneys concerning their duties. 

He advises the governor and other State officers, and, 
when requested, gives written opinions upon all legal and 
constitutional questions relating to the duties of these offi- 
cers. He also gives such written opinions at the request of 
either house of the General Assembly, or of any legislative 
committee. 

Funds. — The attorney-general sees that the funds appro- 
priated to the several State institutions are properly used. 

Records. — He keeps a record of his official acts, and of 
the opinions given by him while in office, and gives these rec- 
ords to his successor in office. 

Bond* — A bond for $10,000 must be given by the attor- 
ney-general. 

Salary* — His salary is $3,500 a year. 

Name the executive officers of the State. When was 
each elected? 

JUDICIAL DEPARTMENT. 

SUPREME COURT. 

Grand Divisions. — For the convenience of the people, 
the State is divided into three grand divisions, and one term 
of the supreme court is held each year in each division. 

The term of court for the northern grand division is held 
at Ottawa, for the grand central division at Springfield, and 
for the southern grand division at Mt. Vernon, 



STATE GOVERNMENT. 45 

Judges. — There are seven judges of the supreme court; 
they choose one of their number chief-justice. 

Four judges must agree to every decision. 

Term. — The judges of the supreme court are elected for 
nine years. 

Election Districts. — The State is divided into seven dis- 
tricts for the purpose of electing the judges of the supreme 
court. Each district elects one judge. 

Clerk. — A clerk of the supreme court is elected in each 
grand division. His term of office is six years. 

Original Jurisdiction. — The supreme court has original 
jurisdiction in cases relating to the revenues of the State, 
and in mandamus and habeas corpus. By this is meant that 
suits relating to these matters may be begun in the supreme 
court. 

A case of mandamus is brought for the purpose of com- 
pelling a public officer or corporation to perform certain 
duties. 

A case of habeas corpus has for its object the prevention 
of false or unjust imprisonment. By it the prisoner is 
brought into court, and the cause of his imprisonment is in- 
vestigated. 

Appellate Jurisdiction. — The supreme court has appel- 
late jurisdiction in all criminal cases, and in all civil cases in 
which the amount in dispute is one thousand dollars or more. 

By appellate jurisdiction is meant that appeals may be 
taken to the supreme court in such cases after they have 
been tried in a lower court. 

A criminal case is a suit brought for the purpose of pun- 
ishing some person for violating a public law. 

A civil cas~ is a suit brought by a person, company, or 
corporation, called the plaintiff, against another person, com- 
pany, or corporation, called the defendant, for the purpose of 



46 ILLINOIS AND THE NATION. 

compelling the defendant to pay the plaintiff a sum of 
money, or to give up to him certain property. Suits for 
money may be for debts due the plaintiff, or for damages on 
account of injury done him by the defendant. 

Decisions Final. — The decisions of the supreme court 
are final except in cases involving a State law which conflicts 
with a United States law. Such cases may be carried to the 
United States supreme court. 

Salaries of Supreme Judges. — The judges of the su- 
preme court receive $5,000 a year. 

The clerks receive fees which are prescribed by law. 

APPELLATE COURTS. 

Districts. — The State is divided into four appellate court 
districts. 

Judges. — The appellate judges are elected circuit judges, 
and are appointed appellate judges by the supreme court. 

Clerk. — Each district elects a clerk for a term of six 
years. 

Sheriff. — The sheriff of the county in which the appellate 
court is held attends the sessions of the court or appoints a 
deputy to do so. 

Jurisdiction. — The appellate courts have appellate juris- 
diction only. Their jurisdiction extends to all cases of 
appeal from circuit courts, city courts, or the superior court 
cf Cook county, except in criminal cases, and in cases involv- 
;r g a franchise, a freehold, or the validity of a law. These 
cases must be appealed directly to the supreme court. 

A franchise is a special privilege given by the State to an 
individual or corporation. 

The term freehold applies to real estate titles. 

Decision. — The decision of the appellate court is final in 
all cases in which the amount in dispute is less than one 



STATE GOVERNMENT. 47 

thousand dollars. When the amount is one thousand dollars 
or more, the case may be taken to the supreme court. 

Salaries. — Appellate judges receive the same pay as cir- 
cuit judges — $7,000 a year in Cook county, and $3,500 else- 
where. The clerks receive fees. 

CIRCUIT COURTS. 

Circuits. — With the exception of Cook county, all of the 
counties of the State are arranged by the legislature into 
seventeen divisions called circuits. Cook county alone con- 
stitutes a circuit. 

Judges. — Three judges are elected in each circuit every 
six years. Usually two of these hold circuit courts, and the 
third acts as one of the judges of the appellate courts. Cook- 
county now elects fourteen circuit judges. 

The circuit court is so called because its judges go from 
county to county for the purpose of holding court. 

Circuit Clerk — Each county elects a circuit clerk for a 
term of four years. He attends the sessions of the circuit 
court in his county, and keeps a record of the proceedings of 
the court. 

He keeps account of the costs of all suits in the circuit 
court in his county. These costs are made up of the fees of 
the sheriff, clerk, witnesses, jury, and others, and are usually 
paid by the person against whom the suit is decided. 

The circuit clerk also issues the summonses, subpoenas, 
executions, and other processes of the court. 

In counties of less than 60,000 inhabitants, the circuit 
clerk also acts as recorder of deeds for his county. 

Master-in-Chancery*— In each county there is a master- 
in-chancery who is appointed by the judges of the circuit 
for two years. To him are referred many matters for investi- 
gation. He reports the results of his investigation to the 



48 ILLINOIS AND THE NATION. 

court. Chief among his other duties is the sale of real estate 
in cases of foreclosure of mortgages. 

Jurisdiction. — The circuit courts have original jurisdic- 
tion in all criminal cases, and in civil cases between citizens 
of the State; and appellate jurisdiction in all cases tried be- 
fore the county and probate courts and justices of the £>eace. 

Courts of Cook County. — Besides the circuit court, 
there are in Cook county two courts not held in other coun- 
ties. The superior court of Cook county was formerly known 
as the superior court of Chicago ; the criminal court of Cook 
county was formerly known as the recorder's court of the 
City of Chicago. 

Salary. — The circuit judges receive $3,500 a year, except 
those in Cook county ; these receive $7,000 a year. 

Grand Jury. —The grand jury of every county assists 
the circuit court in bringing offenders to trial. 

A grand jury consists of twenty-three men who are se- 
lected by the county board. This jury meets at the place of 
holding the circuit court, and investigates all criminal 
charges brought to its notice against persons for crimes com- 
mitted within the county. It hears evidence against accused 
persons, but not for them. If it has just cause to believe a 
person guilty of a crime, it furnishes the court with a paper 
in which the person is named, and his crime described, and 
advises that he be brought to trial. 

Such a paper is called an "indictment," and the person is 
said to be "indicted" by the grand jury. 

In every case of indictment, sixteen grand jurors must be 
present, and twelve must agree to the indictment. 

An indictment is often called "a true bill." This comes 
from the fact that the paper is prepared by the State's attor- 
ney, and is indorsed by the jury "A true bill," if the accused 
is found guilty. 



STATE GOVERNMENT. 49 

A copy of the indictment giving a list of witnesses against 
the accused, is furnished the accused or his attorney. 

The meetings of the grand jury are not open to the 
public. 

Petit Jury. — Almost all cases in the circuit court are 
tried by a petit jury consisting of twelve men. 

This jury sits in open court and hears the evidence 
against and in behalf of the defendant, together with the 
arguments of the lawyers on both sides. The judge then 
instructs the jury as to the law concerning the case, and the 
manner in which it should weigh the evidence for and 
against the defendant. 

The jury then retires to the jury room, being all the while 
in charge of an officer, and agrees upon a verdict, if possible. 
A verdict cannot be rendered unless all the jurors agree to 
it. This applies as well to civil as to criminal cases. 

In trials before justices of the peace, juries are not in- 
structed by the court. 

Cases before the supreme and appellate courts are not 
tried by jury. 

When a case is appealed to one of these courts, a complete 
transcript in writing of the record of the proceedings of the 
court below is filed by the party who appeals. This record 
is examined and reviewed by the upper court, and, if no 
errors appear, the judgment or decree of the court below is 
affirmed. If any substantial error appears, the judgment or 
decree is reversed and, usually, the case is remanded to the 
lower court for a new trial. 



CHAPTER III. 
THE DIVISIONS OF THE STATE. 

DESCRIPTIONS OF THE DIVISIONS. 

Counties. — Counties are divisions of the State made in 
order to bring matters of government nearer to the people. 

Counties are formed by the legislature of the State, usu- 
ally upon petition of the people directly concerned. They 
are named in the acts which create them. 

The county does not bear exactly the same relation to the 
State that the latter does to the Nation. The State is sover- 
eign in many particulars, while the county has no sovereign 
power whatever. It has no constitution, and all its powers 
are given to it by the State legislature. 

There are one hundred and two counties in Illinois. 

Townships. — In this State we have two correct uses of 
the word township. These uses should be carefully learned, 
so as to be distinguished clearly from each other, and from 
the uses of the word town. 

Congressional Township* — The Congressional Township 
is the unit of the United States Survey System, and is simply 
a tract of land six miles square. It is a division rather of the 
United States than of the State, and is common to all States 
and Territories surveyed by this system. It is not a political 
division of the county, State, or United States, and conse- 
quently has no officers. It has a single purpose — to assist in 
the description of real estate, and is always designated by 
number — is never named. 

50 



THE DIVISIONS OF THE STATE. 51 

School Township. — The School Township is a political 
division of the county with reference to school affairs only, 
and in boundary is coincident with the congressional town- 
ship of like number and description. 

Section twenty-three of the school law provides that 
every congressional township shall be considered a township 
for school purposes. 

The school township has four officers only, three trustees 
of schools, and a township treasurer. The latter is often 
called the school treasurer. 

It has a single purpose, to assist in certain school affairs, 
and is always designated by number, never by name, being 
numbered exactly like the congressional township with which 
it coincides. There need be no confusion on this account, 
as the two townships are never spoken of in the same con- 
nection. 

Towns. — The w r ord tozvn has so many different meanings 
that it is somewhat difficult to apply it correctly at all times. 
Its use as a general term for villages and cities is correct in 
ordinary conversation, as where we speak of "going to 
town," or "going out of town." But in the study of civil 
government we must discard this use of the word, and speak 
only of its two uses in connection with civil affairs. 

Of ganized Towns. — The organized town is a political 
division of the county with reference to civil affairs only. 

The organized town has no connection whatever with the 
description of real estate, with the school system, or with 
incorporated government, like that of a city or village. 

It has a single purpose, to assist in local government in 
civil affairs. 

In almost all counties in the State, especially those in the 
central and northern part, every one lives in some town in 
this sense of the word. 



ILLINOIS AND THE NATION. 

If all organized towns had been formed as was intended 
by the law, they would be six miles square, except where 
there are fractional congressional townships. 

The organized town is always designated by name — 
never by number. 

Whenever the word town is used in this book, the organ- 
ized town is meant, except when the expression incorporated 
town is used. 

Township Organization. — The constitution of 1848 pro- 
vided that "the General Assembly shall provide, by a general 
law, for a township organization. " Accordingly a law was 
enacted that all counties which should elect to do so in a 
prescribed manner might adopt what is known as "township 
organization." 

Counties so electing are divided by three commissioners, 
appointed by the county board, into towns which shall coin- 
cide with the townships of the county. When a township 
shall have too few inhabitants for a separate organization, it 
may be added to some adjoining town, or divided between 
two or more towns for the time being. Fractional townships 
may be added to some adjoining tow r n. A glance at a com- 
plete map of the State will show that few counties, if any, 
have all of their towns coincident with the township. Has 
your county? 

A majority of the towns, however, coincide with the 
townships. In such cases, the township election (for school 
trustees) and the town election (annual town meeting) are 
held on the same day. This fact gives rise to the common 
error of calling the officers of the town "township officers." 

Counties are divided into towns in order to bring matters 
of local government still nearer the people. This and the 
rernment of counties not under township organization will 
be fully explained in a subsequent chapter. 



THE DIVISIONS OF THE STATE. 53 

The term "township organization" used in the law is 
evidently a misnomer; it should be "town organization," 
since so many towns are not organized townships, not being 
coincident with the latter. 

Incorporated Towns. — It is to be regretted that prior 
to the enactment of the law authorizing the organization of 
towns for local government, a law was enacted which pro- 
vides for the incorporation of towns, divided into blocks and 
lots, having streets and alleys, and governments similar to 
that of villages. In fact, the word town is used in the same 
sense as the word village. A few such towns have been in- 
corporated, but almost all such incorporations are termed 
villages. 

Unless there is such a town near you, it will be better for 
you to dismiss this use of the word from your mind, and to 
think only of the organized town. 

School Districts. — School districts are divisions of the 
school township, and have reference to school affairs only. 

County Organization. — Counties not under township 
organization are said to be under county organization. 

There are nineteen such counties in Illinois. In some 
of these the proposition to organize was voted on at the gen- 
eral election in 1898. The proposition has been defeated 
one or more times in nearly all of them. 

The chief argument in favor of township organization is 
that it brings the government nearer the people. One feature 
of this is that it makes several town offices to be filled by 
residents of the town. Many men, doubtless, work and vote 
for township organization hoping to obtain an office. 

The leading argument against township organization is 
that it increases the cost of government very materially. 
Taxes are necessarily higher in counties under township or- 
ganization. Of course it may be claimed that the govern- 



54 ILLINOIS AND THE NATION. 

ment is enough better to overcome the disadvantage of in- 
crease in cost. 

Cities and Villages. — The government of cities and vil- 
lages is described in another chapter. They are commonly 
spoken of as towns; but in the study of civil government 
of Illinois you must discriminate sharply between cities and 
villages and towns, except in the few cases where there are 
incorporated towns. 

Cities and villages have certain corporate privileges which 
towns have not. They are organized in a wholly different 
manner, and for a different purpose. 

In many cases the name of a town is the same as that of 
a city or village within its limits. This fact often gives rise 
to confusion in common speech. 

In what congressional township do you live? in what 
school township ? town ? city or village ? 

Other Divisions. — There are certain other divisions of 
the State with reference to its legislative and judicial affairs 
which need not be described here. 



CHAPTER IV. 
COUNTY GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Board of Supervisors. — The laws made by the General 
Assembly apply to all counties alike, and only such laws are 
made by it as are general in their nature. Every county has 
measures for its own government which apply only to itself. 
These measures must not conflict with any general law of the 
State. 

In counties under township organization, the legislative 
acts are performed by the board of supervisors. The mem- 
bers of this board are elected by the several towns in the 
county, and perform duties as town officers aside from their 
duties as members of the "county board/' as the board of 
supervisors is called. 

In counties not under township organization the board of 
county commissioners is also called the county board. 

Meetings* — The board of supervisors holds its annual 
meeting on the second Tuesday of September. It also holds 
a regular meeting on the second Monday in June in each 
year. Special meetings may be held at the request of at least 
one-third of the members of the board. 

County Seat. — The county board meets at the county 
seat, and, if possible, in the court house. 

The county seat is the city or village in which the busi- 
ness of the county is transacted. 

The courthouse, and usually all county offices, are at the 
county seat. 

55 



56 ILLINOIS AND THE NATION. 

Organization- — The county board organizes at the first 
meeting of the year by choosing one of its number chairman. 
The chairman presides over all the meetings when present, 
and appoints the various committees. The business of the 
board is largely done through its committees. The county 
clerk is clerk of the board of supervisors. 

Open Doors- — The board must hold its meetings with 
open doors. Why? 

Proceedings Published. — A brief account of the proceed- 
ings of every meeting must be published in a county paper, 
if this can be done without unreasonable expense. 

New Towns. — The board may change the boundaries 
of towns, create new towns, and give names to them. No 
two towns in the State shall have the same name. . The State 
auditor keeps an alphabetical list of all the towns, and must 
be consulted in case a new name is to be given. 

Have you a clear notion of what is meant by the word 
town, as here used? 

Care of Property. — The county board has the care of 
all property belonging to the county. 

The board also has the management of nearly all the 
funds belonging to the county. 

Auditing Bills. — The county board must settle all just 
claims against the county, and audit all accounts concerning 
the receipts and expenditures of the county. 

Levy of County Tax. — The county board may levy a 
tax not to exceed seventy-five cents on the one hundred dol- 
lars' valuation for county purposes. 

If the county was in debt at the time of the adoption of 
the present constitution, a tax not to exceed one dollar on 
the one hundred dollars' valuation may be levied to pay the 
principal and interest for such indebtedness. Any additional 
levy must be submitted to a vote of the people. 



COUNTY GOVERNMENT. 57 

County Buildings. — The county board must erect a 
courthouse, jail, and other necessary public buildings. 

Furnished offices must be provided for the county offi- 
cers. Some of these offices are to be fire-proof, or furnished 
with fire-proof safes, whenever the finances of the county 
will permit. 

Books and Stationery. — The board must furnish suit- 
able books and stationery for the use of the county board 
and the several county officers. 

Annual Financial Statement. — The county board must 
prepare and publish an itemized statement of the receipts 
and expenditures of the preceding year, together with the 
actual condition of affairs at the end of the year. 

Prosecute and Defend Suits. — Suitable measures for 
the prosecution and defense of suits brought by or against 
the county must be taken by the county board. 

Pay of County Officers. — The pay of the officers, ex- 
cept the county superintendent of schools, is fixed by the 
county board, and cannot be changed during the term for 
which the officers are elected. 

Why not? 

Treasurer's Accounts. — It is the duty of the county 
board to examine the books of the county treasurer, and to 
count the money at least as often as once every six months. 

Grand and Petit Jurors. — Grand juries are selected by 
the county boards in their respective counties. 

There are to be chosen, as near as may be, a proportion- 
ate number of grand jurors from each town in the county. 

Each year the board prepares lists of not less than one- 
tenth of the legal voters of each town, which lists are kept 
in the office of the county clerk. The county clerk writes 
each man's name and address upon a separate ticket, and 
puts all the tickets in a box kept for the purpose. At least 



58 ILLINOIS AND THE NATION. 

twenty days before a trial court convenes, the clerk of the 
court, in the presence of the county clerk, draws the names 
of a sufficient number of petit jurors from the box. 

Other Powers and Duties. — The county board may 
also allow, regulate and condemn toll roads and bridges; 
grant liquor licenses ; establish county normal schools ; offer 
rewards for criminals ; and offer rewards for raising timber. 

Board of County Commissioners. — In counties not 
under township organization, the county board consists of 
the three commissioners elected by the whole county for a 
term of three years, one commissioner being elected each 
year. 

These counties are divided by the county board into pre- 
cincts for election purposes, and into districts for road pur- 
poses. 

The powers and duties of the board of commissioners 
are almost the same as those of the board of supervisors. 

EXECUTIVE DEPARTMENT. 

Officers. — The executive department consists of the 
county clerk, treasurer, recorder, county surveyor, superin- 
tendent of schools, and the committees of the county board 
when carrying out the instructions of the whole board. 

All of the officers named execute the State laws which 
apply to their duties, and also the measures passed by the 
county board. 

The county clerk is an officer of the judicial department 
of the county when he acts as clerk of the county court. 

All of the executive officers of the county are elected for 
four years. 

COUNTY CLERK. 

Records. — The county clerk has charge of certain books 
and papers pertaining to the business of the county. 



COUNTY GOVERNMENT. 59 

County Board. — He is clerk of the county board of his 
county, keeps a record of its proceedings, and keeps on file 
all accounts passed upon by the board. 

Orders- — He must keep a complete record of all orders 
drawn upon the county treasurer. 

Bonds. — The official bonds of certain county and town 
officers are filed in the office of the county clerk. He must 
keep an alphabetical list of these bonds, giving names of 
sureties and other essential facts. 

Indexes. — He must keep alphabetical indexes of all rec- 
ords and papers filed in his office. 

Copy. — The county clerk must furnish to any person who 
will pay the proper fee, a copy of any record, paper, or ac- 
count in his office. 

County Court. — The county clerk must attend the ses- 
sions of the county court, and keep a complete record of all 
its proceedings. 

Marriage Licenses. — He issues marriage licenses. 

Canvassing Votes. — After every general election, the 
county clerk, and two justices of the peace of his county can- 
vass the votes of the county, and make abstracts showing 
the number of votes received by each candidate. These ab- 
stracts are filed in the county clerk's office. 

Taxes. — He computes the amount of tax to be paid by 
every person subject to taxation in the county, and supplies 
collectors with books which show the amount each person 
must pay. 

COUNTY TREASURER. 

Public Funds. — The county treasurer must receive, 
safely keep, and pay out according to law, all public money 
that may properly come into his hands. 

Accounts. — He must keep a complete record of the busi- 
ness of his office. The books containing this record are al- 
ways open to the inspection of the public. Why ? 



6o 



ILLINOIS AND THE NATION. 



Supervisor of Assessments. — In counties under town- 
ship organization of less than 125,000 inhabitants, the county 
treasurer is ex officio supervisor of assessments of taxes in 
his county. 

Report. — The treasurer must report to the county board 
at each of its regular meetings all sums received and paid 
out by him since his last report. These reports are filed in 
the county clerk's office, and are subject to the inspection of 
the public. 

Settlements. — Twice each year the county board must 
make a settlement with the treasurer, and count the funds. 

Re-election. — An amendment to the State constitution 
was adopted in 1880, providing that no person having once 
been elected to the office of sheriff or treasurer shall be eli- 
gible to the same office for four years after the expiration of 
the term of office for which he was elected. 



RECORDER. 

Deeds. — The recorder must copy into books provided for 
the purpose all deeds, mortgages and other papers pertaining 
to the titles of lands, when the papers are presented to him 
for that purpose. 

The person presenting such a paper must pay a pre- 
scribed fee in order to have it copied, or recorded, as it is 
called. 

In case a paper so recorded is lost, the recorder's books 
will show its contents. 

Chattel mortgages, or mortgages upon personal property, 
may also be recorded. 

Records Open to the Public. — All records and indexes 
are now open to the public, and abstracts may be taken from 
them without charge. 

In counties of less than sixty thousand inhabitants the 
circuit clerk is ex officio (by virtue of his office) recorder of 



COUNTY GOVERNMENT. 6 1 

deeds. In counties of sixty thousand or more inhabitants 
there is a separate recorder. Only four counties in the State 
elected separate recorders in 1886. 

Let the teacher secure blank forms of such instruments 
as deeds and mortgages, and explain their use to the class. 

COUNTY SURVEYOR. 

Duties. — The county surveyor makes surveys within his 
county when called upon to do so. He keeps a record of 
surveys made by him. The record is open to the inspection 
of all persons interested in the surveys. 

SUPERINTENDENT OF SCHOOLS. 

The duties of county superintendents of schools are given 
under the subject of schools. 

Name the executive officers of your county. 

JUDICIAL DEPARTMENT. 

Officers. — The officers of the judicial department of the 
county are county judge, probate judge, county clerk (when 
acting as clerk of the county court), sheriff, State's attorney, 
and coroner. 

Although elected by the county, and termed a county offi- 
cer, the circuit clerk is really an officer of the circuit court, 
and his duties were given in that connection. Review them. 

Term. — These officers are all elected for four years. 

Salaries. — Their salaries are fixed by the county board. 

COUNTY COURT. 

Judge. — The county judge is judge of the county court. 

Law Jurisdiction. — The county courts have exclusive 
jurisdiction in suits authorizing the sale of real estate for the 
collection of taxes. 



62 ILLINOIS AND THE NATION. 

They have concurrent jurisdiction with the circuit courts 
in all cases like those in which justices of the peace have 
jurisdiction, and in which the amount in dispute is not more 
than one thousand dollars. They also have concurrent juris- 
diction with the circuit courts in criminal cases when the 
punishment is not imprisonment in the penitentiary or death ; 
and in all cases of appeal from justices of the peace and 
police magistrates. 

When two or more courts have concurrent jurisdiction in 
any matter, suits may be brought in any one of them. In 
suits for two hundred dollars or less, justices of the peace, 
county and circuit courts have concurrent jurisdiction. 

Probate Jurisdiction. — In counties of less than seventy 
thousand inhabitants, the county court has original jurisdic- 
tion in all matters relating to the settlement of the estates of 
deceased persons ; the appointment of guardians of miners, 
and conservators of the insane and feeble-minded, and the 
settlement of their accounts; and in all matters relating to 
apprentices. 

PROBATE COURT. 

Judge. — In counties having more than seventy thousand 
inhabitants, a probate judge must be elected to attend to the 
probate business of the county. In this case the county court 
has only law jurisdiction, and a separate probate court is 
established. 

Clerk. — A probate clerk is also elected in such cases. 

In 1898 only three counties, Cook, Peoria, and La Salle, 
elected separate probate judges. 

SHERIFF. 

Attendance at Courts. — The sheriff must attend all the 
sessions of circuit and county cofirts, and obey their lawful 
orders. He convenes and adjourns the court when directed 
to do so, and preserves order in the court. 



COUNTY GOVERNMENT. 63 

Service of "Writs. — The sheriff serves all warrants, sum- 
monses, subpoenas, executions and other papers that the 
court may issue. 

A warrant directs the sheriff to arrest a certain person 
accused of a crime. 

A summons directs the sheriff to summon a certain per- 
son to appear in £ourt to answer a demand made by another 
person named in the summons. 

A subpoena commands a certain person to appear in court 
as a witness. 

An execution empowers the sheriff to carry a judgment 
into effect. A common form of execution is that which di- 
rects the sheriff to seize certain property and sell it to pay 
the obligations of a person against whom a suit has been 
decided. 

Let the teacher procure blank copies of these and other 
judicial writs and discuss their uses with the class. 

Conservator of the Peace. — Every sheriff is conserv- 
ator of the peace in his county, and it is his duty to suppress 
riots, fighting and all breaches of the peace, and to prevent 
crime. 

He may arrest, without a warrant, persons whom he 
sees offending, and take them before a magistrate. 

Custodian of Court House. — The sheriff has charge of 
the court house and jail in his county. 

Care of Prisoners. — He is the keeper of the county jail. 
He sees that all prisoners are properly guarded and supplied 
with suitable food. 

When prisoners are sentenced to the penitentiary or re- 
form school, the sheriff removes them thither. He also 
hangs criminals condemned to death. 



64 ILLINOIS AND THE NATION. 

Deputies. — The sheriff may appoint deputies to assist 
him in his work. These deputies have all the powers of the 
sheriff, and their official acts are considered as acts of the 
sheriff, he being responsible in all cases for them. 

Ineligible to Re-election. — A person having once been 
elected to the office of sheriff is ineligible to re-election for 
four years after the expiration of the term for which he was 
elected. 

STATE'S ATTORNEY. 

Prosecution of Criminals* — The state's attorney sees 
that offenders against the laws are indicted, arrested, and 
brought into court for trial. He then endeavors to prove 
their guilt and have them punished. He is often called the 
"prosecuting attorney. ,, 

Civil Suits. — The state's attorney carries on, in behalf of 
the county, all lawsuits brought for or against it, and in 
cases brought against county officers as such, he defends 
the officers. 

Advisory Duties. — He is the legal adviser of all county 
officers, and of justices of the peace relating to their duties. 

CORONER. 

Inquests. — Whenever the coroner is informed that some 
person within the county has met with death from violence, 
accident or any undue means, it is his duty to repair to the 
place, and, with the aid of a jury, inquire into the cause of 
the death. Such an examination is called an inquest. 

A record of the inquest is kept in a book provided for the 
purpose. The coroner reports the result of the examination 
to the county clerk. 

Arrest of Slayer. — If any person is found to be impli- 
cated as the murderer of the deceased, it is the duty of the 



COUNTY GOVERNMENT. 65 

coroner to arrest him and hold him for further examination 
and trial. 

Coroner Acts as Sheriff. — When the sheriff's office be- 
comes vacant, or when the sheriff is interested in any suit, 
the coroner acts as sheriff. 

Name all of the judicial officers of your county. 



CHAPTER V. 
TOWN GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Annual Town Meeting. — On the first Tuesday of April 
every town in the state holds its annual town meeting for 
the election of officers and the transaction of the business oi 
the town. 

Moderator. — At some time between the hours of eight 
and nine o'clock in the forenoon, the voters present are called 
together by the town clerk. 

One of their number is chosen moderator, and the super- 
visor and assessor of the town take their places as judges of 
the election. The moderator is a judge of the election, and 
also presides over the meeting during the transaction of mis- 
cellaneous business. 

The moderator must take an oath before entering upon 
the duties of his office. 

Clerk. — The town clerk last elected is clerk of the annual 
town meeting, and must keep a full and faithful record of all 
its proceedings. 

Manner of Voting. — The town clerk must supply a suit- 
able ballot box. This box, made of tin or wood, is shown to 
be empty at the beginning of the election, and is then kept 
locked until the voting is done. 

In 1 89 1 the legislature passed an election law modeled 
after what is known as the "Australian System. " All bal- 
lots are printed at public expense. The names of the candi- 
dates of all parties are put upon one ballot, under proper 

66 



TOWN GOVERNMENT. 67 

headings. Xo "ticket peddlers" are allowed, and no "elec- 
tioneering" can be done within one hundred feet of the polls. 
The voter enters the polling place and gives his name to one 
of the judges, who calls it out in a loud tone of voice. If the 
person is found to be entitled to vote he is allowed to enter 
a space enclosed by a guard rail. A judge of election then 
gives him one ticket, and only one, which the voter takes 
into an enclosed place called a booth, where, all alone and 
out of sight of everybody, he marks the names of the candi- 
dates for whom he wishes to vote. If he cannot read, or is 
physically unable to mark his ballot, two election officers as- 
sist him, but are not allowed thereafter to tell how he voted. 
The voter, having marked his ballot, folds it so as to conceal 
the marks made by him thereon, and leaving the booth, 
hands it to an election judge, who places it in the ballot box 
without numbering it, as was formerly done. The voter 
then passes out and is not again allowed to enter the space 
enclosed by the guard rail during that election, nor can he 
by any means carry a ballot away with him. 

When the polls are closed, the ballot box is opened by 
the judges and the votes are canvassed — that is, the names 
of the persons voted for each office are ascertained, and 
a record made of the number of votes each person receives. 

When the canvass is completed, the town clerk an- 
nounces the result of the election, and the town meeting is 
at an end. 

Miscellaneous Business. — At two o'clock in the after- 
noon the polls are closed temporarily, and the moderator 
calls the meeting to order for the transaction of miscellane- 
ous business. 

All questions are decided by a majority of the legal vot- 
ers present. The following are the most important matters 
that may be acted upon, 



68 ILLINOIS AND THE NATION. 

Taxes. — Money may be directed to be raised by taxation 
for constructing or repairing roads and bridges; for the 
prosecution or defense of lawsuits for or against the town, 
and for a few other purposes. 

Lawsuits. — The meeting may instruct the proper officers 
concerning the lawsuits of the town. 

Canada Thistles. — Rewards may be offered for the de- 
struction of Canada thistles and other noxious weeds. 

Fences. — The meeting may determine what shall be a 
lawful fence in the town, and make rules concerning fences. 

Trees. — Action may be taken to induce the planting of 
trees along the highways. 

Premiums may be given for this purpose. 

Stock- — The meeting may restrain and regulate the run- 
ning at large of stock, establish and maintain a pound, ap- 
point a poundmaster and prescribe his duties. 

Public Wells. — Public wells and watering places may be 
provided for, and their use regulated. 

Public Health. — Measures may be taken to prevent un- 
healthfulness in the town. 

Road Tax. — The voters may determine whether the road 
tax of the town shall be paid in money or in labor. 

Reports of Officers. — The voters receive and act upon 
the reports of officers for the past year. 

When the miscellaneous business is concluded, the mod- 
erator so announces, the polls are reopened, and the voting 
continues till time for closing the polls. 

Voters. — AH men twenty-one or more years of age who 
are citizens of the United States, and who have resided in 
the State one year, in the county ninety days, and in the 
election district thirty days, are entitled to vote at the annual 
town meeting, and at all other elections in this State, 



TOWN GOVERNMENT. 69 

Special Town Meetings. — The supervisors, town clerk, 
and a justice of the peace, or any two of these officers to- 
gether with at least fifteen voters of the town, may cause 
a special town meeting to be held, by filing with the town 
clerk a statement, in writing, that such a meeting is neces- 
sary for the good of the town. The objects of the meeting 
must be given in the statement. 

Notice of the meeting is given in the same manner, and 
for the same length of time as for annual town meetings. 
The notice must state the objects of the meeting as given in 
the written statement filed with the town clerk, and no busi- 
ness can be done except that for which the meeting was 
called. Why this provision ? 

EXECUTIVE DEPARTMENT. 

Officers. — The executive officers of the town are super- 
visor, clerk, assessor, collector and highway commissioners. 
There is no town treasurer. The supervisor and one of the 
highway commissioners have charge of all town funds. 
There is a township treasurer, but he holds nothing except 
township school funds. He is a school officer, and his duties 
will be given in the proper place. 

The town officers are elected at the annual town meeting. 
A poundmaster may also be appointed at that time. A com- 
missioner of Canada thistles may be appointed by the board 
of town auditors. 

SUPERVISORS. 

Town Funds. — The supervisor receives and pays out all 
funds for the expenses of the town, except for road and 
bridge purposes. 

Lawsuits of the Town. — He is to prosecute suits for the 
recovery of penalties and forfeitures due the town. 



70 ILLINOIS AND THE NATION. 

When the supervisor's bond is forfeited, the town clerk 
is to prosecute the suit. 

Account and Settlement. — The supervisor must keep 
strict account of all sums of money received and paid out 
for the town, and on Tuesday preceding the annual town 
meeting he must make a settlement with the board of town 
auditors. 

County Board. — All supervisors, except of the towns in 
Cook county, must attend all meetings of the county board. 

The State constitution provides that Cook county shall 
be governed by a board of commissioners of fifteen persons, 
ten from the City of Chicago, and five from the towns outside 
the city. 

Town Paupers. — The supervisor is overseer of the pau- 
pers of the town. It is his duty to furnish them proper re- 
lief at the expense of the town or county. 

Statement. — One week before the annual town meeting 
the supervisor must file with the town clerk a statement 
showing what sums of money are due the town, also, what 
sums the town owes. This statement must be copied by the 
town clerk into the town records, and read at the town meet- 
ing. 

Term. — Supervisors are elected for two years. 

Assistant Supervisors. — In towns of four thousand in- 
habitants there must be elected one assistant supervisor, and 
for every twenty-five hundred inhabitants above four thou- 
sand an assistant supervisor is added. 

These have no authority in town affairs, except as mem- 
bers of the board of health. As members of the county 
board they have the same powers as the principal supervisor. 



TOWN GOVERNMENT. 7 1 

TOWN CLERK. 

Records. — The town clerk has custody of all records, 
books and papers of the town. 

Town Meetings. — He records in a book provided for the 
purpose the proceedings of every town meeting, including 
all rules and regulations adopted at such meeting. 

He also records the acts of the board of the town audi- 
tors, and is clerk of highway commissioners. 

Certificates. — If it be voted at any town meeting to 
raise money for any purpose, the clerk must deliver to the 
supervisor before the annual meeting of the county board a 
certificate of his record of such vote. 

He must certify to the county clerk, on or before the 
second Tuesday in August, the amount of taxes to be raised 
for all town purposes. 

Term. — The town clerk is elected for one year. 

ASSESSOR. 

Value of Property. — It is the duty of the assessor to set 
a value upon the property of every property holder in his 
town, and to write such value in a book prepared for the 
purpose. This book, when the assessments are completed, is 
delivered to the county clerk. When all the assessors' books 
in the county have been returned to him, the county clerk as- 
certains the total valuation put upon the taxable property 
within the county. From the tax levies made and filed in 
his office by the various officers who are authorized to levy 
taxes, he ascertains the total amount to be raised by taxation 
in his county, By finding the per cent that this amount is 
of the assessed value of all the property, he obtains what is 
called the rate per cent, of taxation. The assessed value of a 



72 ILLINOIS AND THE NATION. 

man's property multiplied by this rate per cent, will give the 
amount of his tax. 

Supervisor of Assessments. — In counties under township 
organization of less than 125,000 inhabitants, the county 
treasurer is ex officio supervisor of assessments in his 
county. He has the same power as an assessor to assess and 
to make changes or alterations in the assessment of prop- 
erty. 

Board of Review. — In counties in which the treasurer is 
supervisor of assessments there is a board of review con- 
sisting of the chairman of the county board and some citizen 
of the county appointed by the county judge. They review 
the assessments made by the supervisor of assessments. 
They have power to increase, reduce or otherwise adjust the 
assessment of any individual or corporation. 

Cook county, having over 125,000 inhabitants, has a dif- 
ferent system of assessments. It has a board of assessors, 
five in number, who serve six years. They keep an office 
which is open all the year. They employ a chief clerk and 
as many deputy assessors as may be necessary. The mem- 
bers of the board of assessors receive $3,600 each per annum. 

COLLECTOR. 

Collection of Taxes. — The collector, as his name implies, 
collects the taxes of the town, and pays them over to the 
proper officers. 

Term. — The assessor and collector are elected for one 
year. 

HIGHWAY COMMISSIONERS. 

Treasurer. — There are three commissioners of highways 
elected in every town. 



TOWN GOVERNMENT. 73 

Within ten days after their election they must meet at 
the town clerk's office and elect one of their number treas- 
urer. 

The treasurer, after executing a bond, receives all money 
collected in the town for road and bridge purposes, and pays 
it out on the order of two or more of the highway commis- 
sioners. 

Roads and Bridges. — The commissioners establish, alter 
or vacate roads, keep roads and bridges in repair, and build 
new bridges when necessary. 

Road Districts. — The commissioners divide their respect- 
ive towns into districts of convenient size, and when road 
tax is paid in labor, they appoint an overseer of highways 
in each district, and direct him in his work. 

Tools and Implements. — The commissioners purchase 
for the use of the town such plows, scrapers and other im- 
plements as may be necessary, and have charge of them at ali 
times. 

Drainage Commissioners. — The commissioners of high- 
ways constitute the board of drainage commissioners for all 
drainage districts within their respective towns. 

Other Duties. — It is the duty of the highway commis- 
sioners to put up guide boards at the forks and crossings of 
the most important public roads ; also to keep noxious weeds 
from seeding. 

They may provide public wells with suitable fixtures at 
the most important crossings, and at other suitable places. 

Road Tax. — The commissioners must annually levy a 
tax sufficient for all road and bridge purposes for the ensu- 
ing year, but this tax cannot exceed the rate of forty cents 
on one hundred dollars, unless the voters at the annual town 
meeting so direct. In any case the rate cannot exceed sixty 
cents on one hundred dollars. 



74 ILLINOIS AND THE NATION. 

Term. — The highway commissioners are elected for 
three years, one being elected annually. 

TOWN BOARDS. 

Board of Appointment. — Whenever there is a vacancy in 
any town office, from any cause, the justices of the peace of 
the town, together with the supervisor and the town clerk, 
may choose some one to fill such vacancy for the remainder 
of the term. 

Board of Town Auditors. — The supervisor, town clerk 
and justices of the peace of every town constitute the board 
of town auditors. 

The board meets at the town clerks' office twice each 
year — on Tuesday before the annual meeting of the county 
board, and on Tuesday before the annual election, At these 
times they examine the accounts of the supervisor and com- 
missioners of highways of the town, and audit all charges 
and claims against the town, and the compensation of all 
town officers, except that of supervisors for county services. 

Commissioner of Canada Thistles- — The board of au- 
ditors may appoint, when necessary, a commissioner of Can- 
ada thistles, whose duty it is to destroy all Canada thistles 
growing in the town. He is appointed for three years. 

Board of Health. — The supervisors, assessors and town 
clerk of every town constitute a board of health. 

It is their duty to make and enforce, when necessary, 
such regulations as may tend to check the spreading of con- 
tagious diseases in the town. 

Town Board of Equalization. — The assessor, town clerk 
and supervisor on the fourth Monday of June of each 
year, for the purpose of reviewing the assessment of prop- 
erty in the town. 



TOWN GOVERNMENT. 75 

Due notice is given of the time and place of such meet- 
ing, and any person who may think he has been assessed too 
high, or that another person has been assessed too low, may 
appear before the board of equalization and have the matter 
investigated. 

The board equalizes all assessments as nearly as pos- 
sible. 

JUDICIAL DEPARTMENT. 

Officers. — The judicial officers of the town are justices of 
the peace and constables. 

There are at least two justices and two constables in 
every town, and one justice and one constable additional for 
every one thousand inhabitants above two thousand, until 
there are five of each. 

Term. — Justices of the peace and constables are elected 
for four years. 

Justices for the city of Chicago are appointed by the 
governor. 

JUSTICES OF THE PEACE. 

Civil Suits. — Justices of the peace have jurisdiction in 
civil cases in which the amount in dispute does not exceed 
two hundred dollars. 

Criminal Affairs. — Justices have original jurisdiction in 
all cases of misdemeanor, when the punishment is by fine 
only, and the fine does not exceed two hundred dollars, and 
in all cases of assault, and assault and battery. 

A misdemeanor is an offense not punishable with death 
or imprisonment in the penitentiary. 

When an offense is punishable with death or imprison- 
ment in the penitentiary, it is a felony. 

An assault is an attempt, coupled with present ability, of 
one person to do a violent injury to another. 



76 ILLINOIS AND THE NATION. 

Assault and battery is the unlawful beating of another. 

Preliminary Examination. — When a person is suspected 
or accused of felony, he may be arrested and brought be- 
fore a justice for a preliminary examination. 

If the justice, or the jury summoned by the justice, has 
just cause to believe him guilty, he is held to bail or sent to 
jail to await the action of the grand jury. 

When a prisoner is held to bail, he procures a sufficient 
number of responsible persons who will pledge themselves 
in writing to pay into the public treasury a certain sum of 
money, if the prisoner, being set free, does not appear in 
court on a certain day. 

After a person has had his preliminary hearing, he must 
be indicted by the grand jury before he can be brought to 
trial. 

CONSTABLES. 

Duties. — Constables must keep the public peace by ar- 
resting all persons who offend against the laws in their pres- 
ence, and must promptly serve the writs issued by the jus- 
tices and other magistrates. 

All judges and justices of the peace are also conservators 
of the peace within their respective jurisdictions. 

Fees. — Justices and constables receive certain fees pre- 
scribed by law. 



CHAPTER VI. 
CITY AND VILLAGE GOVERNMENT. 

LEGISLATIVE DEPARTMENT. 

Cities Under Special Charters. — Prior to 1870, cities 
could obtain from the legislature special charters for their 
government. 

These charters gave the cities to which they were granted 
certain privileges, named and defined the duties of the sev- 
eral officers, and were, withal, the basis of the city govern- 
ments. 

The constitution of 1890 prohibits the granting of such 
special charters, or the amendment of those already granted. 

Cities Under the General Law. — Since the adoption of 
the new constitution, all cities have been incorporated under 
the general law. 

The governments of cities under special charters often 
differ from one another very materially ; while under the 
general law all cities are governed in the same manner. 

|The following discussion applies to cities organized under 
the general law : 

City Council. — The city council consists of the mayor 
and aldermen. 

The mayor has no vote except in case of a tie. He is the 
presiding officer, rather than a member, of the council. 

The aldermen are from six to forty-eight in number, ac- 
cording to the population of the city, and are elected for two 

years. 

77 



78 ILLINOIS AND THE NATION. 

Wards. — For convenience in electing aldermen, cities 
are divided by the city council into half as many wards as 
there are aldermen, one alderman being elected from each 
ward annually on the third Tuesday in April. 

Wards must, as nearly as practicable, have an equal 
number of inhabitants, and be formed of compact and con- 
tiguous territory. 

Meetings. — The council determines the time and place 
of its regular and special meetings. All meetings are open to 
the public. 

Powers of City Councils. — The general law defines nine- 
ty-six different powers of city councils. The following are 
among the most important : 

Ordinances* — The council passes ordinances for the gov- 
ernment of the city, and fixes such penalties as it may deem 
necessary, but no fine can exceed two hundred dollars, and 
no imprisonment can exceed six months for one offense. 

Animals at Large. — The council may prohibit the run- 
ning at large of animals, including geese and dogs, and may 
impose a tax on dogs. 

Taxes. — The council has power to levy and collect taxes 
for general and special purposes. 

Officers. — The council acts upon all appointments of of- 
ficers made by the mayor, and may confirm or reject them. 

Pay of Aldermen. — The pay of aldermen is fixed by the 
city council, but must not exceed three dollars to each alder- 
man for each meeting of the council. No other compensa- 
tion is allowed. In Chicago each alderman receives $1,500 
a year. 



CITY AND VILLAGE GOVERNMENT. 79 

EXECUTIVE DEPARTMENT. 

Mayor. — The chief executive officer of a city is the 
mayor, who is elected for two years. 

He presides over the meetings of the city council, and 
has a vote in case of a tie. He may also veto any ordinance 
passed by the council. Two-thirds of all the members 
elected to the city council may pass an ordinance over the 
mayor's veto. In these respects the mayor's duties pertain 
rather to the legislative department. 

Appointment of Officers. — The mayor may, with the 
consent of the council, appoint certain officers. At such 
times the council exercises executive power. 

Message. — The mayor must present to the city council, 
at least once a year, a message regarding the affairs of the 
city, and recommend for their consideration such measures 
as he may deem expedient. 

Compensation. — The compensation of the mayor and 
of all the other city officers is fixed by the council, and can- 
not be changed during the term for which they are elected. 

City Clerk. — A city clerk is elected in every city for two 
years. He is the custodian of the corporate seal, and of all 
papers belonging to the city. 

He must attend the meetings of the city council and keep 
a record of its proceedings. 

He must record in a book kept for that purpose all ordi- 
nances passed by the council. 

City Treasurer. — This officer is elected for two years, 
and has charge of the city funds. 

His duties are much the same as those of the county 
treasurer. 

Assessor and Collector. — Instead of having the city taxes 
assessed and collected by the same officers and at the same 



80 ILLINOIS AND THE NATION. 

time as other taxes, the city may elect a city assessor and a 
city collector. 

Other Officers. — By a vote of two-thirds of all the alder- 
men elected, the city council may provide for the election by 
the legal voters, or for the appointment by the mayor, of cer- 
tain other officers. 

Among those who, when so appointed or elected, have 
executive authority, are a city comptroller and a superintend- 
ent of streets. 

City Comptroller. — The city comptroller is the special 
guardian of the funds of the city. He has general super- 
vision over all city officers who handle the city funds, and 
makes an annual estimate of the amount of money necessary 
to run each department of the city government for the ensu- 
ing year. 

Superintendent of Streets . — This officer has general su- 
pervision of the streets, and sees that they are kept in order. 

JUDICIAL DEPARTMENT. 

City Courts. — In cities having five thousand or more 
inhabitants, there may be city courts which shall at all times 
have concurrent jurisdiction with circuit courts, except for 
the crimes of treason and murder. 

A judge and a clerk of the city court are elected for four 
years. 

Police Magistrates. — Police magistrates, having the 
same jurisdiction as justices of the peace, may be elected in 
cities and villages for four years. 

Justices of the peace have jurisdiction in all matters per- 
taining to city and village ordinances. 

Corporation Counsel. — There may be elected, or ap- 
pointed, a corporation counsel, whose relation to the city 
and its officers is much the same as that of the attorney- 



2 



2 

o 

> 




CITY AND VILLAGE GOVERNMENT. 8 1 

general to the State and State officers. Only large cities 
have need of such an officer. 

City Attorney. — This officer is elected in every city for 
two years. 

He prosecutes offenders against the city ordinances, ad- 
vises the city council and other officers, and conducts the 
lawsuits of the city. 

City Marshal and Policemen. — The mayor, with the 
consent of the council, may appoint a city marshal and a suf- 
ficient number of policemen. The marshal is at the head of 
the police force, and has all the powers of a constable. 

The sheriff of the county, or any other constable may 
serve any processes, or make any arrests authorized to be 
made by the city marshal. 

The mayor and the members of the city and village coun- 
cils are conservators of the peace, and may make arrests for 
violation of ordinances or of any criminal law of the State, 
with or without warrants. 

Trustees of Villages. — Villages are governed very much 
the same as cities. In place of the city council there is a 
board of trustees, six in number, elected for one year. A 
president of the board of trustees is also elected each year. 
He has about the same powers as the mayor of a city, and 
the trustees have powers similar to those of aldermen. The 
president has a vote only in case of a tie. 

A village clerk is also elected. 

The president and board of trustees may appoint a treas- 
urer, one or more street commissioners,, a village constable, 
and a few other officers. 



CHAPTER VII. 
PUBLIC SCHOOL SYSTEM. 

ORIGIN. 

Ordinance of J 787* — In 1787 congress passed an ordi- 
nance for the government of the territory of the United 
States northwest of the Ohio River. The third article refers 
to education in this manner : "Religion, morality and knowl- 
edge being necessary to good government and the happiness 
of mankind, schools and the means of education shall for- 
ever be encouraged. " 

Act of Congress, J8J8* — In 1818 congress passed an 
act enabling the people of Illinois to form a State constitu- 
tion. Section six has the following provision : "The section 
numbered sixteen in every township, and when such section 
has been sold or otherwise disposed of, other lands equiva- 
lent thereto, and as contiguous as may be, shall be granted 
to the State for the use of schools." It is further provided 
that three per cent, of the net proceeds from the sale of pub- 
lic land within the State shall be appropriated by the legis- 
lature of the State for the encouragement of learning, and 
one-sixth of the amount shall be bestowed exclusively upon 
a college or university. 

State Constitutions. — Neither the constitution of 1818 
nor that of 1848 makes any special mention of education. 
The constitution of 1870, on the contrary, has an entire arti- 
cle devoted to the subject, and declares that "the General 
Assembly shall provide a thorough and efficient system of 

82 



PUBLIC SCHOOL SYSTEM. 83 

free schools, whereby all children of the State may receive 
a good common school education.'' 

Laws of the State. — The first law providing for the 
establishment of free schools was passed in 1825. Many 
changes have since been made, some of which destroyed for 
a time the free school feature of the system. 

RELATION TO STATE GOVERNMENT. 

The public school system, though distinct in its purpose, 
is intimately connected with the government of the State in 
civil affairs. 

The General Assembly is the law-making power, and the 
ordinary courts have jurisdiction in school matters. But 
there are several executive officers w T ho have to do with 
school matters only. 

With reference to the school system the State is divided 
into counties, townships, and school districts. 

SCHOOL FUNDS. 

State Funds. — The State school fund is made up from 
three distinct sources. 

Direct Tax. — Prior to 1873 a tax °f two m iUs upon each 
dollar's valuation of the property in the State was levied for 
school purposes. In that year the General Assembly passed 
a law providing that there shall be levied "for State school 
purposes, to be designated State School Fund (in lieu of the 
two-mill tax therefor), $1,000,000 annually." 

Interest on the School Fund Proper. — The School 
Fund proper consists of three per cent, of the proceeds of the 
sales of public lands in the State, one-sixth part excepted. 

The school fund proper is one of the permanent school 
funds of the State. It is called a permanent fund because no 
part of the fund itself, but only the interest upon it, can be 



84 ILLINOIS AND THE NATION. 

expended. The interest on this fund is made a part of the 
State school fund. The one-sixth part of the proceeds ex- 
cepted is known as the "College Fund." 

Interest on the Surplus Revenue. — In 1836 congress 
passed an act depositing with the States, in proportion to 
their representation in congress, the money that had accumu- 
lated in the national treasury — chiefly from the sale of public 
lands. Prior to this an unsuccessful attempt had been made 
to distribute this money among the States as a gift from the 
nation. The objections to this plan were overcome by de- 
positing the money with the States subject to return at a call 
by congress. About $28,000,000 was deposited in this way, 
and none of it has ever been called for. Illinois received 
$477,919.24. 

When Illinois received her share, the General Assembly, 
in 1837, made a large part of the "surplus revenue," as it is 
called, a part of the permanent common school fund. The 
interest on this is annually distributed among the schools of 
the State. 

The interest on the State school fund is paid by the State 
at the rate of six per cent, per annum. 

Distribution of State Funds to Counties. — There is a 
special arrangement provided by law by which the State fund 
is distributed among the several counties with the least 
trouble and expense. In order to understand this, let us see 
how the funds would be distributed if there were no special 
arrangement. 

The interest on the school fund proper and on the surplus 
revenue is to be paid by the State from its funds in the hands 
of the State treasurer; and the $1,000,000 raised annually by 
taxation would come into the treasurer's hands with the 
other State tax, after passing through the hands of the town 
or county collectors and the county treasurers, 



PUBLIC SCHOOL SYSTEM. 85 

The State treasurer would then distribute the fund by 
the auditor's order to the several counties. 

The special arrangement is designed to prevent the pass- 
ing of the money from county to State and then back to the 
county. 

The State fund is distributed among the several counties 
in proportion to the number of persons under twenty-one 
years of age. 

On the first Monday of January of each year after taking 
the census of the State, the auditor of public accounts makes 
a dividend to each county of the money due it, and issues his 
warrant for the amount upon the county collector, and in 
favor of the county superintendent of schools. 

The treasurers in counties under township organization, 
and the sheriffs in counties not under township organization 
are, ex officio, county collectors. 

The county superintendent presents the warrant to the 
county collector, and receives the money due the county. 
The county collector turns the warrant over to the State 
treasurer in lieu of the amount for which it was drawn. The 
State treasurer presents the warants received from the sev- 
eral county collectors to the auditor, who takes them up and 
issues in their stead a warrant upon the State treasurer for 
the amount of the school tax warrants, and another for the 
amount of interest on the school fund proper and surplus 
revenue. 

In this way each county gets its share of the State fund 
from its own collector, and the evidence of this is in the 
hands of the State auditor. 



86 ILLINOIS AND THE NATION. 

STATE SUPERINTENDENT OF PUBLIC INSTRUC- 
TION. 

Funds. — The school law provides that the superintendent 
of public instruction shall pay over, without delay, all sums 
of money which may come into his hands by virtue of his 
office. 

There is no provision in the law at present by which 
money may come into his hands except in payment of his 
salary and the expenses of his office. 

Counsel with Teachers. — He is to counsel and advise 
with experienced and practical school teachers as to the best 
manner of conducting common schools. 

Supervision. — He has the supervision of all the common 
schools in the State. 

Advisory Duties. — He is the general adviser and assist- 
ant of county superintendents of schools, and from time to 
time addresses circular letters to them relating to school 
matters. 

He is the legal adviser of all school officers, and when re- 
quested by any such officers, gives his opinion in writing 
upon any question arising under the school law of the State. 
Report. — The State superintendent reports biennially to 
the governor, giving the condition of the schools of the 
State ; the number of schools taught in each county ; certain 
facts regarding the number of male and female teachers; 
the number of pupils in attendance at school ; the number 
of persons in each county under twenty-one years of age, and 
the number of persons between the ages of twelve and 
twenty-one who can not read and write; the amount of 
township and county funds, and the amount of State, county 
and township funds annually paid out ; the amount raised by 
taxation ; the whole amount annually expended for schools ; 



PUBUC SCHOOL SYSTEM. 87 

the number of schoolhouses, their kind and condition; the 
number of whole and fractional townships in each county; 
facts about apparatus and school libraries ; and other facts 
relating to schools. He is also to give suggestions regarding 
changes in the school law. 

This report is laid before the General Assembly at its 
regular session, and is printed for free distribution. 

Funds Withheld. — The State superintendent has power 
to cause funds to be withheld from any school officer or 
teacher who has not complied with all the requirements of 
the law. 

Bond. — The State superintendent gives a bond for 
$25,000. 

Salary. — He receives a salary of $3,500 a year. 

COUNTY SUPERINTENDENT OF SCHOOLS. 

Accounts. — The county superintendent must keep an 
account of all sales of common school lands in his county, 
and of all sums of money received, loaned or paid out. 

Report to County Board. — He must present a written 
report to the county board at their regular meeting in Sep- 
tember, giving a full statement of all sums of money in his 
charge since his last report, together with a statement of the 
condition of the county and township funds in his charge. 

•Township Treasurers. — The county superintendent must 
examine all bonds given by township treasurers, and approve 
them or return them for correction. When they have been 
approved, he must pay over to the treasurers all sums of 
money, and all bonds, notes, and other securities and papers 
belonging to their respective townships. 

Apportionment. — He must apportion among the town- 
ship in which schools have been legally kept, the money 



88 ILLINOIS AND THK NATION. 

received upon the auditor's warrant from the State fund, 
together with the interest on the county fund, if there be one. 

He must see that every treasurer's bond is valid before 
paying him the sum apportioned for his township; and in 
case the directors of any district have not made their annual 
report, he withholds their share of the funds. 

Report to State Superintendent. — Ke must report to 
the State superintendent such facts as the latter may require 
to assist him in making up his report to the governor. 

Advisory Duties. — In controversies arising under the 
school law, the opinion and advice of the county superin- 
tendent must first be sought, but appeal may be taken to the 
State superintendent. The county superintendent stands in 
much the same relation to the school officers and teachers of 
the county as the State superintendent stands to those of the 
whole State. 

Treasurers' Accounts. — The county superintendent must 
examine annually all accounts, books and vouchers of every 
township treasurer in his county, and report to the school 
trustees any irregularities he may find. He must also exam- 
ine all bonds, notes and other securities for school funds 
held by every treasurer, and see that they are of proper form, 
and have sufficient security. 

Teachers' Associations. — He must encourage the for- 
mation, and assist in the management of county teachers' 
associations. 

Examinations. — He must hold examinations for teach- 
ers' certificates at least once every three months, and oftener, 
if necessary, at such times and places as will, in his opinion, 
accommodate the greatest number of applicants. 

Fee for Certificate. — The county superintendent must 
in all cases require the payment of a fee of one dollar from 
every applicant for examination for a teachers' certificate, 



PUBLIC SCHOOL SYSTEM. 89 

and for each renewal of a certificate. He must pay the 
money received in this way to the county treasurer, and give 
him also a list of the names of persons paying the fees. The 
county treasurer keeps account of such fees as a part of 
what is known as the "institute fund." 

Teachers' Institutes. — The county superintendent must 
hold, annually, a teachers' institute, which must continue in 
session at least five days. Two or more adjoining counties 
may hold an institute together. 

Instruction is free at such institutes to persons holding 
certificates good in the county, or counties, for which the 
institute is held, and also to those who have paid the re- 
quired fee and failed to receive certificates. All other per- 
sons must pay a registration fee of one dollar. The regis- 
tration fees are added to the institute fund, which is held 
subject to the order of the county superintendent, and is 
used only to defray the expenses of teachers' institutes. 

Institutes During Term Time. — The time not exceed- 
ing three days in any one term, or five days in any one year, 
actually spent by a teacher of any public school in the State 
in attendance upon a teachers' institute, under the direction 
of the county superintendent, is considered time lawfully 
expended by the teacher in the service of his district, and 
no deduction of wages can be made for absences. Directors 
must allow teachers to close their schools for such attend- 
ance upon these institutes. 

Visiting Schools. — Prior to 1885, the county superin- 
tendent visited schools only when directed to do so by the 
county board, or, in other words, the county board could pay 
him for visiting schools, or not, just as it pleased. As a rule, 
few superintendents visited schools more than a few days 
each year. 

Under the present law the county superintendent must 
visit every school in his county at least once a year. He is 



90 ILLINOIS AND THE NATION. 

to spend at least one-half of the time given to his office in 
visiting ungraded schools. 

In counties having less than one hundred schools the 
county board may limit the time of the superintendent to a 
certain extent. In counties having not more than fifty 
schools, the limit cannot be less than one hundred and fifty 
days; in counties having from fifty-one to seventy-five 
schools (inclusive), not less than two hundred days ; in coun- 
ties having from seventy-six to one hundred schools (inclu- 
sive), not less than two hundred fifty days. Of course, in 
counties having more than one hundred schools, the super- 
intendent is paid for his whole time. 

Bond. — The county superintendent gives a bond for a 
sum not less than $12,000, to be increased at the discretion 
of the county board, by whom it must be approved. 

Compensation. — He receives four dollars per day for the 
time actually spent in the performance of his duties, and one 
dollar a day additional for expenses for the time spent in vis- 
iting schools. 

Besides this, he receives three per cent, commission on 
the amount of sales of school lands, and two per cent, com- 
mission on all sums loaned, distributed, or paid out for the 
support of schools. 

TRUSTEES OF SCHOOLS. 

Election. — The business of the school township is done 
by three trustees, one of whom is elected on the second Sat- 
urday in April, annually. In cases where the boundaries of 
the school township coincide and are identical with the 
boundaries of the town, as established under the township 
organization laws, the election for school trustees is held at 
the same time as the annual town meeting. This is on the 
first Tuesday in April. 



PUBLIC SCHOOL SYSTEM. 9 1 

If this is not clear to you, review what was said in the 
third chapter of this book about the school township, the 
town, and township organization. There is a great deal of 
mistiness in the popular mind regarding these divisions and 
their officers. Election tickets for the town officers are often 
headed, "Township Ticket," and the various officers of the 
town are called "township officers." Remember that the 
only township officers elected by the people are three trustees 
of schools. 

Are the trustees of schools in your township elected at 
the same time as your town officers? 

Term. — School trustees are elected for three years. 

Meetings. — The trustees hold regular semi-annual meet- 
ings on the first Monday of April and October, and such 
special meetings as may be necessary. 

Appointment of Township Treasurer. — The board of 
trustees appoint one of their number president, and some 
resident of the town, who is neither a trustee nor a school 
director, township treasurer. 

Division of Township into Districts. — The board of 
trustees divide their township into a suitable number of 
districts for the convenience of a majority of its inhabitants. 

After districts have been formed, they may be changed 
by the trustees so as to divide or consolidate districts, to 
make a new district out of territory belonging to two or 
more districts, or to take territory from one district and add 
it to another. In such cases the trustees can act only upon 
the petition of a majority of the legal voters of each district 
affected, or of two-thirds of the voters in a certain territory 
when such territory is to be added to another district, or 
made into a separate district. In the latter case the territory 
must contain at least ten families. 



92 ILLINOIS AND THK NATION. 

Distribution of Funds. — At the regular semi-annual 
meetings the trustees ascertain the amount of State, county 
and township funds on hand and subject to distribution, and 
apportion it among the several districts which have kept 
schools according to law, in proportion to the number of 
persons under twenty-one years of age. 

The amount apportioned to each district is placed to its 
credit on the treasurer's books, and is paid out upon the 
orders of the directors of the district. 

The township fund consists mainly of the proceeds of 
the sale of the sixteenth section, and the interest thereon. 
The interest only is apportioned to the districts. The princi- 
pal must forever be loaned for the use of the township. 

Examination of Accounts. — At their semi-annual meet- 
ings, and at other times, if they think proper, the board ex- 
amines all books, notes, mortgages, and other papers belong- 
ing to the township, and sees that the funds are properly 
managed. 

Township High Schools. — The voters of the township 
may elect to establish a township high school for the educa- 
tion of the more advanced pupils. In this case a township 
board of education of five members has charge of the school 
in all respects the same as directors in case of district 
schools. 

Compensation* — The trustees of schools give no bonds, 
and receive no compensation for their services. In counties 
under township organization they are exempted from road 
labor and military duty. 



PUBLIC SCHOOL SYSTEM. 93 

TOWNSHIP TREASURER. 

Clerk of Board of Trustees. — The township treasurer 
is clerk of the board of trustees of his township. He keeps 
a record of all the official proceedings of the board. 

Report to County Superintendent. — As clerk of the 
board of trustees, he reports to the county superintendent 
such facts as the latter must report to the State superin- 
tendent. 

Care of Funds. — The township treasurer is custodian of 
the school money of the township and the several districts. 

It is his duty to keep the permanent school funds at in- 
terest. 

Semi- Annual Statement. — At each regular meeting of 
the trustees he must present to them a full statement of the 
affairs of the township, and lay before them all papers per- 
taining to his office. 

Annual Exhibit. — He must annually make out a com- 
plete statement of the sums of money received, paid out, and 
on hand, with reference to the township and each school 
district, and present it to the trustees at their first meeting 
after the annual election. 

Statement to Districts. — Twice each year the township 
treasurer must make out a statement for each district, giving 
an itemized statement of receipts and expenditures since the 
last report, and showing the sum of money to which the dis- 
trict is entitled at the time of the statement. This statement 
must be sworn to by the treasurer and delivered to the clerk 
of the board of directors for the district. 

Statement to County Superintendent. — The township 
treasurer must make an annual statement, under oath, to the 
county superintendent, showing the exact condition of the 
township funds. 



94 ILLINOIS AND THE NATION. 

Term. — The township treasurer is appointed for two 
years. 

Bond. — He gives a bond sufficient to cover all liabilities 
incurred. 

Compensation. — The compensation of the township treas- 
urer is fixed by the board of trustees prior to his appoint- 
ment. 

SCHOOL DIRECTORS. 

Election. — Each school district has three directors, one 
being elected annually on the third Saturday in April at the 
district election. 

Election notices must be posted at least ten days before 
the election, stating the place of holding the election, the 
time of opening and closing the polls, and the questions to 
be voted upon. 

The question of building a schoolhouse, moving one 
already built, extending school beyond nine months, and 
some other questions may be voted upon, if due notice has 
been given. 

Organization. — Within ten days after the annual election, 
the directors meet and organize by appointing one of their 
number president and another clerk. 

The president presides at the meeting, and executes the 
orders of the board. 

Record. — The clerk must keep a record of all the pro- 
ceedings of the board in a book provided for the purpose, 
and must submit the records to the inspection of the town- 
ship treasurer on the first Monday of April and of October. 

Reports. — The clerk must report to the township treas- 
urer on or before the seventh day of July, annually, such 
facts as the treasurer is required to report to the county 
superintendent. 



PUBLIC SCHOOL SYSTEM. 95 

Statement to Voters. — The directors must present to the 
voters of the district at the annual election, a detailed state- 
ment of their receipts and expenditures, and a copy of this 
statement must be furnished the township treasurer within 
five days of the time of the election. 

Meetings. — The directors must have regular meetings 
at such times as they may designate, and may hold special 
meetings when necessary. 

No business can be legally transacted except at a regular 
or special meeting. 

Power to Levy Tax. — The directors may levy a tax not 
to exceed two per cent, for school, and three per cent, for 
building purposes, upon all the taxable property of the dis- 
trict. 

The directors ascertain as nearly as they can the amount 
of money necessary to be raised by taxation in their district, 
and certify to the township treasurer on or before the first 
Tuesday in August, annually, that such an amount is needed. 

The directors first determine how much money will be 
needed for all purposes for the next year, and knowing from 
the treasurer's statement the amount of State, county and 
township funds due their district by apportionment, they are 
enabled to determine the amount necessary to be raised by 
special tax. 

School Year. — The directors establish and maintain for 
at least one hundred ten days of actual teaching a sufficient 
number of free schools for the accommodation of all chil- 
dren in the district over the age of six, and under the age of 
twenty-one years. 

Unless the school is kept at least one hundred ten days, 
the district cannot receive any of the State fund apportion- 
ment. 



96 ILUNOIS AND THE NATION. 

Rules for the School. — The directors must adopt and 
enforce necessary rules and regulations for the proper man- 
agement and government of the schools. 

Visiting Schools. — The directors must visit the schools 
from time to time as the good of the schools may require. 

Employment of Teachers. — The directors employ teach- 
ers, fix their salaries, and may dismiss them for incompe- 
tency, cruelty, negligence, immorality, or other sufficient 
cause. 

Directors cannot legally employ a teacher unless he has 
a certificate from the county superintendent good for the 
whole time for which he is employed. 

Branches of Study. — They must direct what branches 
of study shall be taught, and what textbooks and apparatus 
shall be used. 

They must enforce strict uniformity of textbooks, but 
changes in textbooks cannot be made oftener than once in 
four years. 

Schedules. — The directors must examine the schedules 
presented by the teacher, and certify to their correctness, if 
no mistakes be found in them. 

They must then give the teacher an order upon the town- 
ship treasurer for his pay. 

The schedules must be delivered by the directors to the 
township treasurer on or before the seventh of July annually. 

Compulsory Education. — Every person having control 
of any child between the ages of seven and fourteen years, 
shall annually cause such to attend some public or private 
day school for at least sixteen weeks, twelve weeks of which 
must be consecutive. Willful neglect of such duty renders 
persons having charge of any such child subject to a forfeit 
of not less than one, nor more than twenty dollars. 



PUBLIC SCHOOL SYSTEM. 97 

School boards and directors may appoint one or more 
proper persons to report to them in writing all such viola- 
tions of the law ; and it is their duty to appoint one of their 
number, who shall be a discreet and proper person, to hear 
excuses and reasons from parents and guardians for failure 
of children to attend school. 

Transfer of Pupils. — Pupils may be transferred from 
one district to another upon the written permission of the 
boards of directors of both districts. Such permits must be 
filed with the township treasurer. 

Compensation. — Directors give no bond and receive no 
compensation for their services. The directors may allow 
their clerk compensation for work actually performed. 

In counties under township organization, directors are 
exempt from road labor and military duty. 

Boards of Education- — In each school district having 
not less than one thousand, nor more than one hundred 
thousand inhabitants, a board of education is elected. This 
board consists of six members and a president, who has no 
vote except in case of a tie. Three additional members 
are elected for every additional ten thousand inhabitants, 
but no board can have more than fifteen members. In each 
city of more than one hundred thousand inhabitants, a board 
of education, consisting of twenty-one members, is appointed 
by the mayor with the consent of the city council. Prior to 
1870 many cities obtained special charters for the govern- 
ment of their schools, and so form exceptions to the above 
provisions of the general law. 



CHAPTER VIII. 
MISCELLANEOUS. 

STATE EDUCATIONAL INSTITUTIONS. 

Illinois State Normal University. — The oldest educa- 
tional institution of the State is the Normal University, at 
Normal, McLean county. It was established in 1857. I ts 
purpose is to prepare teachers for their work in the public 
schools of the State. The institution is under the control of 
the Board of Education of the State of Illinois. This board 
consists of fifteen members. The State Superintendent of 
Public Instruction is ex officio a member and secretary of 
the Board. 

Southern Illinois Normal University. — This institution 
was established in 1869. It is located at Carbondale, Jack- 
son county. Its object is to qualify teachers for the schools 
of the State. The Southern Illinois Normal is controlled by 
a board of trustees, five in number. 

Northern Illinois State Normal School. — This school 
was established in 1895, and is located at DeKalb, in DeKalb 
county. Its object is to qualify teachers for the common 
schools of this State by imparting instruction in the art of 
teaching in all branches of study which pertain to a common 
school education, in the elements of the natural and the 
physical sciences, in the fundamental laws of the United 
States and of the State of Illinois, in regard to the rights 
and duties of citizens. 

Eastern Illinois State Normal School. — This school was 
also established in 1895, and is located at Charleston, Coles 

98 



MISCELLANEOUS. 99 

county. Its object is the same as that of the Northern Nor- 
mal School. 

Western Illinois State Normal School— This school was 
established in 1899. Its object is similar to that of the other 
normal schools. It is located at 

The Northern, Eastern and Western Normal Schools 
are controlled by boards of trustees, of five members each. 

University of Illinois. — This institution, located at Ur- 
bana, Champaign county, was established in 1867, un( ier the 
name of Illinois Industrial University. The change to Uni- 
versity of Illinois was made in 1885, the fact that the word 
industrial is applied to charitable and penal institutions being 
the principal reason for the change. 

In 1862 congress provided for the apportionment, to such 
of the States as should comply with certain provisions within 
five years, of an amount of public land equal to thirty thou- 
sand acres for each senator and representative in congress 
to which each State was entitled by the census of i860. One 
of the provisions of the grant was that there should be estab- 
lished in each State desiring to obtain an apportionment 
of land at least one college in which the leading object 
should be to teach such branches of learning as are related 
to agriculture and the mechanic arts. No part of the pro- 
ceeds of the sale of sugh public lands can be used for the 
purchase, erection or repair of any building, but must be 
safely invested in stocks, the interest being used for the sup- 
port and maintenance of the college. 

The present University of Illinois was established under 
the provisions of this act of congress. For several years it 
was controlled by a board of trustees, eleven in number. 
Three trustees were appointed from each supreme court 
grand division, and the Governor and the President of the 
State Board of Agriculture were ex officio members. In 



IOO ILLINOIS AND THE NATION. 

1887 a l*w was passed providing for the election by the 
people of nine trustees — three being elected every two years, 
the first election occurring in 1888. The State Superintend- 
ent was added to the ex officio members. 

Illinois Farmers' Institute. — This institute was created 
by the legislature in 1895, for the purpose of assisting and 
encouraging useful education among the farmers, and for 
developing the agricultural resources of the State. It con- 
sists of three delegates from each county of the State, elected 
annually by the farmers' institutes of the respective counties. 
The affairs of the institute are managed by a board of di- 
rectors consisting of twenty-seven members. A room at the 
capitol building at Springfield has been assigned to the use 
of the institute. 

STATE CHARITABLE INSTITUTIONS. 

Hospitals for the Insane. — Illinois has five hospitals for 
the insane. The Northern is located at Elgin, Kane county ; 
the Eastern, at Kankakee, Kankakee county ; the Central, at 
Jacksonville, Morgan county ; the Southern, at Anna, Union 
county ; the Western, at Rock Island, Rock Island county. 

, Each hospital, or asylum, as it is generally called, is un- 
der the control of a board of trustees, consisting of three 
members. 

Illinois Asylum for the Incurable Insane. — This asy- 
lum was established in 1895. It is located at Bartonville, 
Peoria county. It is under the control of three commission- 
ers appointed by the Governor, and is subject to inspection 
by the Board of Public Charities. 

Illinois Asylum for Insane Criminals. — This asylum is 
located upon the grounds of the penitentiary at Chester, and 
is under the supervision and control of the commissioners 
of that penitentiary. It is subject to inspection by the State 



MISCELLANEOUS. IOI 

Board of Commissioners of Public Charities as in the case of 
other charitable institutions. 

Institution for the Deaf and Dumb. — This institution 
is located at Jacksonville. It is maintained for the education 
of the deaf and dumb. A board of trustees, three in number, 
has control of the institution. 

Institution for the Blind. — This institution is also at 
Jacksonville. It is under the control of a board of trustees 
of three members. 

Asylum for Feeble-Minded Children. — This asylum is 
located at Lincoln, Logan county. 

Its purpose is to fit feeble-minded children, as far as pos- 
sible, for earning- their own livelihood. It has a board of 
trustees, three in number. 

Eye and Ear Infirmary. — This infirmary is located at 
Chicago. Its object is to provide gratuitous board and med- 
ical treatment for all indigent residents of Illinois who are 
afflicted with diseases of the eye or ear. 

It was incorporated as a private charitable institution in 
1865, became a State institution in 1871, was burned at the 
time of the great Chicago fire, and was rebuilt in 1873. 

There are three members of the board of trustees which 
controls the institution. 

Soldiers' Orphans' Home. — This home for the educa- 
tion of the orphans of Union soldiers is at Normal. It was 
established in 1865, and is under the control of a board of 
trustees, three in number. 

Soldiers' and Sailors' Home. — This institution, estab- 
lished in 1885, is at Quincy, Adams county. Its purpose is 
to provide a home and subsistence for such honorably dis- 
charged ex-soldiers and sailors, residents of Illinois, who 
from age or other cause are unable to maintain themselves, 
and yet, under the existing laws, cannot be admitted to one 
of the National homes. 



102 ILLINOIS AND THE NATION. 

A board of three trustees has charge of this home. 

Soldiers' Widows' Home of Illinois. — This home was 
established in 1895. It is controlled by five trustees, who are 
appointed by the Governor, with the advice and consent of 
the senate. Two of the trustees are Grand Army men of 
different political parties, and the remaining three trustees 
are women and members of the Woman's Relief Corps of 
Illinois. The home is located at Wilmington, Will county. 

Illinois Industrial Home for the Blind. — An act passed 
in 1887 provides for an industrial home designed to promote 
the welfare of the blind by teaching them trades and afford- 
ing them such employment as will best tend to make them 
self-suporting. Cook county is given as the location. 

The Governor, with the consent of the senate, appoints 
five trustees who serve two years. No trustees were ap- 
pointed or other steps taken until 1893. 

STATE PENAL AND REFORMATORY INSTITU- 
TIONS. 

Illinois State Penitentiary.— This institution is located 
at Joliet, Will county. It is under the control of a board 
of commissioners. The commissioners meet at the peniten- 
tiary once a month for the purpose of inspecting it, and re- 
ceiving the reports of the warden and other officers. They 
make a biennial report to the Governor. 

Each commissioner must give a bond for $25,000, and his 
salary is $1,500 a year. 

Southern Illinois Penitentiary. — This penitentiary is 
located at Chester, Randolph county. It is controlled by a 
board of commissioners similar to that for the penitentiary 
at Joliet. 

Convict Labor. — In 1886 an amendment to the State 
constitution was adopted, prohibiting the letting by contract 



MISCELLANEOUS. 1 03 

to any person or corporation the labor of any convict con- 
fined within any penal or reformatory institution of the 
State. 

The State now furnishes the tools, machinery and mate- 
rials necessary to keep all the convicts employed, and offers 
for sale the products of their labor. 

Illinois State Reformatory. — This institution, formerly 
known as the State Reform School, is located at Pontiac, 
Livingston county. It is for the confinement, education and 
reformation of boys between the ages of ten and sixteen 
years, who have been convicted of crimes, which, if com- 
mitted by an adult, would be punishable with imprisonment 
in the county jail or the penitentiaries. Male criminals be- 
tween the ages of sixteen and twenty-one years, who have 
not before been sentenced to a penitentiary, may also be 
sentenced to the reformatory instead of a penitentiary in the 
discretion of the court. 

Persons are not sentenced to the reformatory for any 
definite time, and the board of managers may terminate the 
sentence at any time ; provided, that unless the sentence is 
sooner terminated by the managers, it will expire with the 
maximum time fixed by law for the given crime. The man- 
agers have power to release prisoners on parole during good 
behavior. 

The reform school is managed by a board of managers, 
live :n number, who receive traveling expenses while on nec- 
essary business for the institution. They serve five years. 

State Home for Juvenile Offenders. — This institution 
was established in 1893. Its permanent location is at Ge- 
neva, Kane county. It is for the "confinement, education and 
reformation of girls between the ages of ten and sixteen 
years, who have been convicted of offenses punishable at law. 

This home is managed by a board of five trustees, two of 



104 ILLINOIS AND THE NATION. 

whom may be women. The trustees have power to place 
girls who have been committed to the State Home in the 
home of any good citizen, or to give them to proper persons 
who will adopt them, or to bind them as apprentices to repu- 
table citizens during their minority. The Governor of the 
State or the trustees of the home may discharge any offender 
at any time, if in their judgment such action is advisable. 

STATE BOARDS. 

Commissioners of State Contracts. — The Secretary of 
State, Auditor, Treasurer, and Attorney-General are, ex 
officio, commissioners of State contracts. They have charge 
of the letting of State contracts, such as those for fuel, sta- 
tionery and printing. 

Printer Expert. — The Governor appoints a practical 
printer, who has had at least six years' experience, to assist 
the commissioners in letting the State printing by estimating 
the amount of work to be done and the paper needed, etc. 
He receives $6 for each day of actual service. 

State Board of Health. — The State board of health was 
created by law in 1877. The board consists of seven mem- 
bers, appointed for seven years. 

It is the duty of the board to prevent the introduction 
of contagious diseases into the State. They have power to 
quarantine when necessary. 

The board also grants certificates authorizing competent 
persons to practice medicine within the State. 

The members of this board receive only their expenses. 

Returning Board — The Secretary of State, Auditor, 
Treasurer and Attorney-General constitute what is called the 
State Returning Board. They, or any two of them, within 
twenty days after every general election, must, in the pres- 
ence of the Governor, canvass the election returns made by 



MISCELLANEOUS. 1 05 

the several county clerks, so as to determine who has the 
highest number of votes for each office. 

State Board of Equalization. — The board consists of 
one member, elected by the people, from each congressional 
district, and the Auditor of Public Accounts. The board 
meets annually at the State capital on the second Tuesday in 
August. 

It is the duty of the board to examine the assessments 
of taxes from the different counties, and so to equalize them 
that no county shall be assessed too much or too little. 

The members receive $5 a day for the time actually em- 
ployed, and a mileage of ten cents for each mile of necessary 
travel. Their term is four years. 

State Board of Agriculture. — The members of this board 
are a president, one vice-president from each congressional 
district in the State, and the last ex-president of the board. 
The board is elected on the State fair grounds on the first 
Wednesday of the fair, biennially in even numbered years, 
by delegates from the several counties. The delegates are 
appointed by the agricultural societies of their respective 
counties, or by the county board, if there be no such society 
in the county. 

The board has charge of the State department of agri- 
culture, and of the State fairs and stock shows. 

Canal Commissioners. — The canal commissioners, three 
in number, are appointed by the Governor, with the consent 
of the Senate, for two years. They are to be "discreet and 
skillful persons," and have general control of the Illinois and 
Michigan canal, and the locks, dams and other improvements 
of the navigation of the Illinois and Little Wabash Rivers. 

The treasurer gives a bond for $50,000, and the other 
members for $25,000. Each commissioner receives $5 a day 
for the time actually employed. 



I06 IUJNOIS AND THE NATION. 

Railway and Warehouse Commission. — This board con- 
sists of three commissioners, appointed by the Governor, 
with the consent of the Senate, for two years. The commis- 
sioners examine into the condition of all railways and public 
warehouses in the State, and see that they are managed ac- 
cording to law, and for the accommodation and security of 
persons doing business with them. 

Each commissioner gives a bond for $20,000, and re- 
ceives a salary of $3,500 a year. 

Grain Inspectors. — A chief grain inspector is appointed 
by the Governor, with the consent of the Senate, for two 
years. He has general supervision of the inspection of grain 
in warehouses, and acts under the advice and immediate 
direction of the railway and warehouse commission. He 
gives a bond for $50,000 and receives a salary fixed by the 
commission. 

The chief grain inspector nominates a suitable number 
of persons for assistant inspectors, and the railway and ware- 
house commissioners are authorized to make such appoint- 
ments and to fix the salaries of the assistants. The assistant 
inspectors give bonds for $5,000. 

State Weigh-Masters . — In all cities where there is State 
inspection of grain, the railway and warehouse commission- 
ers appoint a State weighing-master and such assistants as 
may be necessary. 

The State weigh-master and his assistants have exclusive 
control of the weighing of grain and other property which 
may be subject to inspection. They also inspect the scales 
used in weighing such property. 

The pay of the State weigh-master and his assistants is 
fixed by the railway and warehouse commission. 

Commissioners of Public Charities. — The board of State 
commissioners of public charities consists of five members 



MISCELLANEOUS. I Of 

appointed by the Governor, with the consent of the Senate, 
for five years. 

The commissioners, or some one of them, must visit, at 
least" twice a year, all the charitable and correctional institu- 
tions in the State. They make an annual report to the Gov- 
ernor, giving the results of their investigations and such 
suggestions as they may deem proper. 

These commissioners give no bond, and receive no pay 
except traveling expenses. 

Commissioners of Labor. — This board consists of five 
commissioners appointed by the Governor, with the consent 
of the Senate, for two years. Three of the Commissioners 
must be manual laborers, and the other two manufacturers 
or employers of labor in some productive industry. This 
board constitutes the "Bureau of Labor Statistics/' The 
bureau collects statistics relating to labor and the laboring 
classes, and presents them in its biennial report to the Gen- 
eral Assemblies. 

The commissioners receive $5 a day for thirty days, an- 
nually, besides traveling, incidental and office expenses. 
They appoint a secretary at a salary of $1,200 a year. 

Fish Commissioners. — These commissioners, three in 
number, are appointed by the Governor, with the consent of 
the Senate, for three years. 

sit is their duty to select suitable locations for State fish 
hatching and breeding establishments, to take measures for 
the propagation and increase of native food fishes, and for 
the introduction of new varieties of food fishes into the pub- 
lic waters of the State. 

The commissioners may employ a fish culturist as super- 
intendent of all fish establishments. They are allowed ex- 
penses not to exceed $300 per annum for the entire board. 



108 ILUNOIS AND THE NATION. 

Commissioners of State Library. — The Governor, Secre- 
tary of State, and State Superintendent of Public Instruction 
are, ex officio, commissioners of the State Library. The 
Secretary of State is librarian. This library is for the use 
of the State officers. 

The above named officers are also trustees of the State 
historical library and natural history museum. The museum 
and library are now located at Springfield. 

State Geologist. — This officer, who is also curator of the 
State historical library and natural history museum, is ap- 
pointed by the board of trustees of the library and museum. 
His term of office is not defined by law. 

It is his duty to make a geological survey of the State and 
to publish a report of his work, annually; also to collect a 
complete set of the specimens of the geology of Illinois. He 
receives as geologist and curator the sum of $2,000 a year. 

Lincoln Homestead Trustees. — The Governor, Secretary 
of State, Auditor, Treasurer and Superintendent of Public 
Instruction, constitute a board of trustees to hold in trust 
for the State of Illinois, the Lincoln homestead in Spring- 
field. The public now have free access to the homestead. 

Live Stock Commissioners. — A board of live stock com- 
missioners, consisting of three practical stock breeders, is 
appointed by the Governor, with the consent of the Senate 
for three years. 

It is the duty of this board to cause to be investigated all 
cases, real or alleged, that may come to its knowledge of 
contagious or infectious diseases among domestic animals. 
The board has power to quarantine all premises where dis- 
ease exists, or has recently existed, together with all exposed 
premises. It has power to order the slaughter of all such 
animals as have been exposed to any contagious disease. 
The State Veterinarian and his assistants act und£r the 
direction of this board. 



MISCELLANEOUS. 109 

The board reports annually to the Governor a full state- 
ment of its transactions and expenditures, and recommends 
the payment of such damages for the slaughter of animals 
as it shall deem proper. 

The members of the live stock commission receive their 
necessary traveling and incidental expenses. 

Officers for the Prevention of Cruelty to Animals. — The 
Governor, with the consent of the Senate, appoints one offi- 
cer in the town of Lake, in Cook county, one for East St. 
Louis, and one for Peoria, to enforce the law for the preven- 
tion of cruelty to animals. They are especially to see that 
stock in stock yards or at distilleries, breweries, or other 
places where stock is kept, are properly fed and cared for, 
and that stock receive the full amount of feed for which the 
owner or shipper is charged. 

These officers report quarterly to the Governor. Their 
term is tw r o years, and they receive salaries not to exceed 
$i,2CO a year. 

Inspectors of Coal Mines. — The Governor, upon the rec- 
ommendation of a board of examiners selected by the bureau 
of labor statistics, appoints seven properly qualified persons 
to the offices of inspectors of coal mines. These inspectors 
devote their whole time to the inspection of coal mines, tak- 
ing care that every necessary precaution is taken to insure 
the health and safety of miners. 

The inspectors give bonds for $5,000, and receive salaries 
of $1,800 a year. 

State Mining Board— For the purpose of securing effi- 
ciency in the mine inspection service, the State commission- 
ers of labor appoint a State mining board of five members, 
whose duty it is to make formal inquiry into and pass upon 
the practical and technical qualifications and personal fitness 
of men seeking employment as State inspectors of mines, and 



HO ILLINOIS AND THE NATION. 

of those seeking certificates of competency as mine man- 
agers, hoisting engineers, and mine examiners. 

The members of the State mining board serve two 
years, and receive $5 a day for not to exceed one hundred 
days in any one year. 

State Horticultural Society. — This society embraces the 
northern, central, and southern district horticultural socie- 
ties of this State. It is controlled by an executive board 
consisting of the president and secretary of the State society 
and the president and one vice-president of each district 
society. The board has the sole care and disposal of certain 
funds appropriated by the legislature for the promotion of 
the interests of gardening and tree culture in this State. 

The board holds biennial meetings, and reports its trans- 
actions to the Governor. 

Board of Pharmacy. — The Governor, with the consent of 
the Senate, appoints competent persons to constitute a board 
of pharmacy. The members of this board are recommended 
to the Governor by the Illinois Pharmaceutical Association, 
and must be persons of at least ten years' practical experi- 
ence in the dispensing of physicians' prescriptions. They 
are appointed for five years. 

It is the duty of this board to examine all applications 
made by persons who desire to become registered pharma- 
cists, or registered assistant pharmacists, and to grant cer- 
tificates of registration to such persons as are legally quali- 
fied to receive such certificates. 

The board makes an annual report of its transactions to 
the Governor. The members choose one of their number 
president, and another secretary. 

The secretary receives a salary fixed by the board. The 
other members receive $5 a day for the time actually em- 
ployed. All receive necessary traveling and incidental ex- 
penses. 



MISCELLANEOUS. 1 1 1 

Commission of Claims. — The Governor, with the consent 
of the Senate, appoints three persons to serve four years as 
a commission of claims to adjust claims of various kinds 
against the State. They receive $15 a day for time actually 
employed. 

Lincoln Monument Commissioner. — The Governor, Su- 
perintendent of Public Instruction and Treasurer constitute 
a board of commissioners for the custody, management and 
control of the Lincoln monument and its grounds, consisting 
of about nine acres, near Springfield. 

State Board of Examiners of Horseshoers. — The Gov- 
ernor appoints four practicing horseshoers and a veterinary 
surgeon to constitute a State board of examination of horse- 
shoers. 

This board grants licenses to persons who are qualified 
to engage in the business of horseshoeing in this State under 
the law. The act creating this board applies only to cities 
of 50,000 inhabitants and over, but may be adopted by all 
cities and towns of 10,000 inhabitants or over. The mem- 
bers of the board receive $5 a day for time actually ex- 
pended. 

Board of Examiners of Dental Surgeons. — The Governor 
appoints five practicing dentists to constitute this board. 
They serve five years, and have charge of the registration 
and licensing of persons practicing dentistry in this State. 
The members of the board receive $5 a day for their neces- 
sary services. 

State Board of Examiners of Architects. — By virtue of 
an act of 1897 the Governor, by and with the advice and con- 
sent of the Senate, appoints a State board of examiners of 
architects, consisting of five members, one of whom must be 
a member of the faculty of the Illinois State University ; the 
others must be residents of this State who have practiced 
architecture for at least ten years. 



112 IUJNOIS AND THE NATION. 

This board examines and grants licenses to persons for 
the practice of architecture in Illinois. They appoint a 
secretary who receives not to exceed $1,500 a year. The 
members of the board receive $10 a day and expenses for 
time actually expended in attending the meetings of the 
board. They serve four years. 

State Architect. — The Governor, with the consent of the 
Senate, appoints a State architect of public buildings and 
improvements. He receives $5,000 a year. 

State Board of Pardons. — A State board of pardons was 
created by the legislature in 1897. It consists of three mem- 
bers, not more than two of whom shall belong to the same 
political party. The board holds four meetings a year at 
Springfield. Their duty is to hear all applications for the 
pardons of persons convicted of crime, and to report their 
conclusions and recommendations to the Governor. 

The members of the board of pardons are appointed by 
the Governor, by and with the consent and advice of the 
Senate, for a term of three years, They appoint a clerk. 
Each member of the board and the clerk receives $2,000 per 
year. 

State Board of Arbitration. — This board consists of 
three members, not more than two of whom belong to the 
same political party. They are appointed by the Governor 
with the advice and consent of the Senate, and serve three 
years. Each receives $1,500 per year. 

The purpose of the board is that it may act as a board of 
arbitration and conciliation whenever any controversy or dif- 
ficulty, not involving questions which may be settled by the 
courts in the usual manner, exists between a person, part- 
nership or corporation, employing not less than twenty-five 
persons, and his employes in this State. The action of the 
board is not legally binding upon the parties involved in the 



MISCELLANEOUS. 1 1 3 

controversy unless they join in an application for the board 
to arbitrate the matter in question. In cases of strikes and 
lockouts, threatened or actual, the board endeavors to bring 
about an amicable settlement. 

State Food Commissioner. — The office of State food com- 
missioner was created in 1899. It is the duty of this officer 
to enforce all laws regarding the production, manufacture 
or sale of dairy products, or regarding the adulteration of 
any article of food. 

The food commissioner is appointed by the governor, 
with the consent of the Senate, for two years. He receives 
a salary of $2,500 a year. 

OFFICERS APPOINTED BY THE GOVERNOR. 

State Veterinarian. — The Governor appoints a State vet- 
erinarian who acts under the direction of the live stock com- 
mission. He may, with the consent of the commission, ap- 
point as many assistants as may be necessary. 

The State veterinarian receives $8 a day for the time ac- 
tually employed, together with all necessary traveling ex- 
penses. 

Chicago Justices of the Peace. — The Governor, with the 
consent of the Senate, appoints forty-eight justices of the 
peace for the city of Chicago. These have the same duties 
and pay as other justices of the peace. They are appointed 
upon the recommendation of the judges of the circuit, su- 
perior and county courts of Cook County. 

Notaries Public. — The Governor, with the consent of the 
Senate, may appoint as many notaries public as he may deem 
necessary, but no person can be appointed except upon peti- 
tion of at least fifty legal voters of the city, village, town or 
precinct for which he is appointed. 



114 ILLINOIS AND THE NATION. 

Notaries public are appointed for four years. They have 
authority to administer oaths, take depositions, take acknowl- 
edgment of such instruments as deeds and mortgages. 

A deposition is a written testimony of a witness sworn 
to before a proper officer. Depositions are received in courts 
as evidence. 

Commissioner of Deeds. — The Governor of this State 
may appoint commissioners of deeds in other States, in the 
Territories and in foreign states. These commissioners 
have power to take acknowledgment of deeds and other in- 
struments, and to take depositions. Their official acts have 
the same effect as if they had been done by an officer residing 
within the State. 

Public Administrators. — The Governor, with the consent 
of the Senate, must appoint in each county of the State a 
public administrator, whose duty it is to act as administrator 
of the estates of deceased persons having no relative or cred- 
itor within the State who will act as administrator. 

Superintendent of the Banking Department. — This offi- 
cer is appointed by the Governor, with the consent of the 
Senate, for four years. The superintendent has general su- 
pervision of the savings banks of the State. He or his as- 
sistants examine every savings bank in the State at least 
once in two years. He receives detailed reports from the 
trustees of every savings bank on or before the first day of 
November, annually. It is his duty to make a statement to 
the legislature of the condition of every savings bank on or 
before the first day of February of each assembly year. 

The superintendent of the banking department gives 
a bond for $10,000, and receives a salary of $2,000 a year. 

State Entomologist. — This officer is appointed by the 
Governor, with the consent of the Senate, for two years. 
He is a competent and scientific person, and devotes his time 



MISCELLANEOUS. 1 1 5 

to investigating the entomology of Illinois, and particularly 
in studying the history of insects injurious to the gardener 
and the farmer. He collects and preserves a cabinet to be 
deposited with the University of Illinois. 

The State entomologist prepares for publication an an- 
nual report of his researches and discoveries in entomology. 

Printer Expert and Chief Grain Inspector. — These offi- 
cers are appointed by the Governor. Their duties have al- 
ready been given. 

Insurance Superintendent. — In 1893 an Insurance De- 
partment of the State of Illinois was established by law. This 
department has general supervision over all insurance com- 
panies doing business in this State. The Governor, with 
the consent of the senate, appoints an Insurance Superin- 
tendent. He serves four years, and receives $3,500 per an- 
num. His duties were formerly performed by the State 
Auditor. 

State Factory Inspector. — The Governor appoints a fac- 
tory inspector for a term of four years. It is his duty, to- 
gether with his assistant and ten deputy inspectors, who are 
also appointed by the Governor, to visit and inspect, as often 
as practicable, the workshops, factories and manufacturing 
establishments where goods are made in this State. It is 
also the duty of the inspector to enforce the factory act, 
which, among other things, regulates the employment of 
children in such factories, and to prosecute all violations of 
the act in question. 

State Game Commissioner. — The Governor appoints a 
State game commissioner, who serves during the incumbency 
of the Governor appointing him. It is his duty to enforce 
all laws for the protection of game in this State. He re- 
ceives $2,500 a year, and appoints one game warden for each 
congressional district of the State. 



Il6 ILLINOIS AND THE NATION. 

THE STATE MILITIA. 

Citizen Soldiers. — The militia, or, as it is sometimes 
called, the citizen soldiery of the State, consists of all able- 
bodied men residing within the State, who are between the 
ages of eighteen and forty-five. Certain persons, however, 
are exempted from military duty by the laws of the United 
States or of this State. 

While all the able-bodied men, with a few exceptions, 
are liable to be called upon to bear arms, only those who have 
voluntarily formed themselves into organized companies and 
regiments are called out by the Governor so long as these 
are sufficient in number. 

All officers of the militia are commissioned by the Gov- 
ernor. The Governor himself is commander-in-chief. 

Adjutant-General. — The chief officer of the militia, next 
to the commander-in-chief, is the adjutant-general. The 
Governor issues his orders to the militia through the adju- 
tant-general. His pay is $3,000 a year. 

ILLINOIS CENTRAL RAILROAD. 

Authorized by Congress. — In 1850, through the efforts 
of Stephen A. Douglas, a bill was passed by congress grant- 
ing to the State of Illinois the right of way through the 
public lands for the construction of the Illinois Central rail- 
road. This road was to extend from the southern terminus 
of the Illinois and Michigan canal to a point at or near the 
junction of the Ohio and Mississippi Rivers, with a branch 
to Chicago, and another by way of Galena, in Illinois, to 
Dubuque, in Iowa. 

To aid in the construction of the railroad, congress also 
gave to the State every alternate section of land designated 
by even numbers, for six sections in width on each side of 
the road and its branches. 



MISCELLANEOUS. 1 1 7 

The road was to be completed within ten years from the 
passage of the act granting the right of way and the public 
land. 

Charter from the State. — In 1851 the General Assembly 
of the State gave to a corporation known as the Illinois Cen- 
tral Railroad Company, a deed of trust for all the lands re- 
ceived from Congress, on the condition that the company 
should build the road and its branches within a specified 
time, and pay into the State treasury on the first Monday of 
December and June of each year seven per cent of the gross 
earnings of the company. The first payment was to be 
made in four and six years on the road and its branches 
respectively, or when completed, if before the times named. 

This railroad brought about an immediate settlement of 
the State, and the semi-annual income derived from it has 
made State taxes comparatively light, and has enabled us to 
free our State from debt. 

The annual income from this railroad is about $400,000. 

The new constitution provides that the Illinois Central 
Railroad shall never be in any way released from its obliga- 
tions to the State, and that, after the State debt is paid, the 
money received from it shall be used only for the ordinary 
expenses of the State. 

ILLINOIS AND MICHIGAN CANAL. 

Authorized by Congress. — In the year 1822 Congress 
granted to the State of Illinois for the purpose of joining 
the Illinois River and the head of Lake Michigan, the right 
of way for the construction of the Illinois and Michigan 
canal. About the time the grant was made, a survey of the 
route was made by engineers employed by the State. It was 
estimated that the canal would cost $640,000. 

In 1827 another act was passed by Congress granting 
to the State of Illinois the alternate sections of the public 



Il8 ILLINOIS AND 'THE NATION. 

lands for five miles on each side of the canal and along its 
entire route. The canal was to be begun within five years 
and completed within twenty years. 

Legislative Acts. — In 1825 a company was incorporated 
by the State legislature for the purpose of constructing the 
canal, but sufficient stock was not subscribed. In 1829 an 
attempt was made to begin the work under a new law, but 
with little success. A new survey of the route was made and 
some of the land of the grant of 1827 was sold. Chicago 
and Ottawa were laid out at this time. A subsequent at- 
tempt to raise the necessary funds by a loan upon the pledge 
of the canal lands proved a failure. Finally, in 1835, a loan 
of half a million dollars upon the credit of the State was ef- 
fected, and the real beginning of the construction of the 
canal was made in the summer of the next year. A little 
later a loan of $4,000,000 was authorized for the completion 
of the canal. It is 102 miles long, and cost $8,654,337. 

CONGRESSIONAL DISTRICTS OF ILLINOIS. 
(Census, 1890.) 

First. — The towns of Rich, Bloom, Orland, Bremen, 
Thornton, Calumet and Worth, in Cook County, and the 
fourth ward east of the center line of Wentworth avenue, 
the third ward, the thirty-first ward, the thirty-second ward, 
the thirty-third ward and the thirty-fourth ward, in Chi- 
cago. 

Second. — The towns of Lemont, Palos, Lyons, Proviso, 
Riverside, Cicero, Leyden, Norwood Park, Maine, Elk 
Grove, Schaumburg and Hanover, in Cook County, and the 
tenth, twenty-eighth, twenty-ninth and thirtieth wards of the 
City of Chicago. 

Third. — First, second, fifth, sixth, seventh wards, and 
that part of the fourth ward west of the center line of Went- 
worth avenue, all in the City of Chicago. 



MISCELLANEOUS. 1 1 9 

Fourth.- —Eighth, ninth, twelfth and nineteenth wards of 
the City of Chicago. 

Fifth. — Eleventh, thirteenth, sixteenth, eighteenth and 
seventeenth wards of the City of Chicago. 

Sixth. — Twentieth, twenty-first, twenty-second, twenty- 
third and twenty-fourth wards, also that part of the twenty- 
fifth ward south of the center line of Diversey street and 
west of the center line of Halsted street, and that part of 
the twenty-sixth ward south of the center line of Belmont 
avenue, all in the City of Chicago. 

Seventh. — Fourteenth, fifteenth and twenty-seventh 
wards, the twenty-fifth ward, except that part south of the 
center line of Diversey street and west of the center line of 
Halsted street ; that part of the twenty-sixth ward north of 
the center line of Belmont avenue, in the City of Chicago ; 
also the towns of Evanston, Niles, New Trier, Northfield, 
Wheeling, Palatine and Barrington, in Cook County, and the 
County of Lake. 

Eighth.— McHenry, De Kalb, Kane, Du Page, Kendall 
and Grundy Counties. 

Ninth. — Boone, Winnebago, Stephenson, Jo Daviess, 
Carroll, Ogle and Lee Counties. 

Tenth. — Whiteside, Rock Island, Mercer, Henry, Knox 
and Stark. 

Eleventh. — Bureau, LaSalle, Livingston and Woodford. 

Twelfth. — Will, Kankakee, Iroquois and Vermilion. 

Thirteenth.— Ford, McLean, DeWitt, Piatt, Champaign 
and Douglas. 

Fourteenth. — Putnam, Marshall, Peoria, Fulton, Taze- 
well and Mason. 

Fifteenth. — Henderson, Warren, Hancock, McDonough, 
Adams, Brown and Schuyler. 

Sixteenth. — Cass, Morgan, Scott, Pike, Green, Macou- 
pin, Calhoun and Jersey. 



120 ILLINOIS AND THE NATION. 

Seventeenth. — Menard, Logan, Sangamon, Macon and 
Christian. 

Eighteenth. — Madison, Montgomery, Bond, Fayette, 
Shelby and Moultrie. 

Nineteenth. — Coles, Edgar, Clark, Cumberland, Ef- 
fingham, Jasper, Crawford, Richland and Lawrence. 

Twentieth. — Clay, Jefferson, Wayne, Hamilton, Edwards, 
Wabash, Franklin, White, Gallatin and Hardin. 

Twenty- first.— Marion, Clinton, Washington, St. Clair, 
Monroe, Randolph and Perry. 

Twenty-second. — Jackson, Union, Alexander, Pulaski, 
Johnson, Williamson, Saline, Pope and Massac. 

SENATORIAL DISTRICTS. 
(Census, 1890.) 

First. — The first and fifth wards and the second ward ex- 
cepting that part lying south of the center line of Twenty- 
second street, and west of the center line of State street, in 
Chicago. 

Second. — The twelfth ward and the whole of the tenth 
ward except that part south of the center line of West 
Twenty-first street and east of the center line of Campbell 
avenue, in Chicago. 

Third. — That part of the town of Calumet in Cook 
County, lying outside of the City of Chicago, and all of the 
thirty-first, thirty-third and thirty-fourth wards, Chicago. 

Fourth. — The twenty-ninth and thirtieth wards in Chi- 
cago. 

Fifth. — Third, fourth and thirty-second wards and that 
part of the second ward south of the center line of Twenty- 
second street and west of the center line of State street in 
Chicago. 



MISCELLANEOUS. 1 2 1 

Sixth. — The twentieth ward and the twenty-sixth ward 
south of the town of Evanston, that part of the twenty-fifth 
ward north of the center line of Montrose boulevard and 
south of the town of Evanston, and that part of the fifteenth 
ward east of the center line of Western avenue in Chicago. 

Seventh. — Towns Thornton, Bloom, Rich, Bremen, Or- 
land, Lemont, Palos, Worth, Lyons, Riverside, Cicero, 
Proviso, Leyden, Norwood Park, Maine, Elk Grove, 
Schaumburg, Hanover, Barrington, Palatine, Wheeling, 
Northfield, New Trier, Evanston and Niles, in Cook County. 

Eighth. — Lake, McHenry and Boone Counties. 

Ninth. — Sixth ward, that part of the twenty-eighth ward 
between the center line of the Illinois and Michigan Canal 
and the center line of Thirty-ninth street, that part of the 
ninth ward south of the center line of West Sixteenth street, 
that part of the tenth ward south of the center line of West 
Twenty-first street and east of the center line of Campbell 
avenue, Chicago. 

Tenth. — Winnebago and Ogle Counties. 

Eleventh. — Fourteenth ward, that part of the fifteenth 
ward west of the center line of Western avenue, the twenty- 
eighth ward except that part lying between the center line of 
the Illinois and Michigan Canal and the center line of Thirty- 
ninth street, and the twenty-seventh ward, Chicago. 

Twelfth. — Stephenson, Jo Daviess and Carroll Counties. 

Thirteenth. — Seventh ward, the eighth ward and that 
part of the nineteenth ward bounded on the north by the 
center line of West Taylor street, on the east by the center 
line of Desplaines street, on the south by the center line 
of West Twelfth street, and on the west by the center line 
of Newberry avenue, Chicago. 

Fourteenth. — Kane and Du Page Counties. 



122 ILLINOIS AND THE NATION. 

Fifteenth. — Nineteenth ward except that part bounded 
on the north by the center line of West Taylor street, on the 
east by the center line of Desplaines street, on the south by 
the center line of West Twelfth street, and on the west by 
the center line of Newberry avenue, that part of the eleventh 
ward south of the center line of Lake street, and that part 
of the ninth ward north of the center line of West Sixteenth 
street, Chicago. 

Sixteenth. — Kankakee and Iroquois counties. 

Seventeenth. — That part of eleventh ward north of the 
center line of West Lake street, and the seventeenth and 
eighteenth wards, Chicago. 

Eighteenth. — Ford and Vermilion Counties. 

Nineteenth. — Thirteenth ward and all of the sixteenth 
ward, except that part lying northeasterly of the center line 
of Milwaukee avenue and east of the center line of Noble 
street and south of the center line of West Division street 
and the north branch of the Chicago River, Chicago. 

Twentieth. — Marshall, Woodford and Livingston Coun- 
ties. 

Twenty-first. — Twenty-first ward, the twenty-second 
ward and that part of the twenty-fifth ward south of the 
center line of Montrose boulevard, Chicago. 

Twenty -second. — McLean County. 

Twenty-third. — Twenty-third and twenty- fourth wards, 
and that part of the sixteenth ward lying northeasterly of 
the center line of Milwaukee avenue and east of the center 
line of Noble street and south of the center line of West 
Division street and the north branch of the Chicago River, 
Chicago. 

Twenty-fourth . — Peoria County. 

Twenty-fifth. — Will County. 

Twenty-sixth. — Fulton and Tazewell. 



MISCELLANEOUS, 1 23 

Twenty-seventh. — La Salle. 

Twenty-eighth. — Hancock, McDonough and Schuyler. 
Twenty-ninth. — Lee, De Kalb, Kendall and Grundy. 
Thirtieth. — Champaign, De Witt and Piatt. 
Thirty-first. — Whiteside, Bureau, Putnam and Stark. 
Thirty-second. — Cass, Menard, Mason and Logan. 
Thirty-third. — Rock Island and Henry. 
Thirty-fourth. — Pike, Scott and Morgan. 
Thirty-fifth. — Knox, Warren, Henderson and Mercer. 
Thirty-sixth. — Green and Macoupin. 
Thirty-seventh. — Adams and Brown. 
Thirty-eighth. — Montgomery, Bond and Fayette. 
Thirty-ninth. — Sangamon. 
Fortieth. — Douglas, Coles and Shelby. 
Forty-first. — Macon, Christian and Moultrie. 
Forty-second. — Clay, Marion, Clinton and Washington. 
Forty-third. — Edgar, Clark, Cumberland and Effingham. 
Forty-fourth. — Wabash, Edwards, White, Gallatin and 
Hardin. 

Forty-fifth. — Jasper Crawford, Richland and Lawrence. 
Forty-sixth. — Franklin, Jefferson, Wayne and Hamilton. 
Forty- seventh. — Madison, Jersey and Calhoun. 
Forty-eighth. — Monroe, Randolph, Perry and Jackson. 
Forty-ninth. — St. Clair. 

Fiftieth. — Williamson, Union and Alexander. 
Fifty-first. — Pulaski, Massac, Johnson, Pope and Saline. 

GRAND DIVISIONS OF THE SUPREME COURT. 

Southern Grand Division. — Counties of Alexander, 
Bond, Clay, Clinton, Crawford, Edwards, Effingham, Fay- 
ette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, 
Jefferson, Johnson, Lawrence, Madison, Marion, Massac, 
Monroe, Perry, Pope, Pulaski, Randolph, Richland, Saline, 



124 ILLINOIS AND THE NATION. 

St. Clair, Union, Wabash, Washington, Wayne, White and 
Williamson. 

Central Grand Division. — Counties of Adams, Brown, 
Cass, Calhoun, Champaign, Christian, Clark, Coles, Cumber- 
land, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Han- 
cock, Jersey, Logan, Macon, Macoupin, Mason, McDon- 
ough, McLean, Menard, Montgomery, Morgan, Moultrie, 
Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Tazewell 
and Vermilion. 

Northern Grand Division. — Counties of Boone, Bureau, 
Carroll, Cook, De Kalb, Du Page, Grundy, Henderson, 
Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, 
Knox, Lake, La Salle, Lee, Livingston, Marshall, McHenry, 
Mercer, Ogle, Peoria, Putnam, Rock Island, Stark, Stephen- 
son, Warren, Whiteside, Will, Winnebago and Woodford. 

ELECTION DISTRICTS OF SUPREME COURT. 

First District. — Counties of St. Clair, Clinton, Washing- 
ton, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, 
Franklin, Perry, Randolph, Monroe, Jackson, Williamson, 
Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, 
Pulaski and Massac. 

Second District. — Counties of Madison, Bond, Marion, 
Clay, Richland, Lawrence, Crawford, Jasper, Effingham, 
Fayette, Montgomery, Macoupin, Shelby, Cumberland, 
Clark, Greene, Jersey, Calhoun and Christian. 

Third District. — The counties of Sangamon, Macon, Lo- 
gan, De Witt, Piatt, Douglas, Champaign, Vermilion, Mc- 
Lean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie 
and Tazewell. 

Fourth District. — The counties of Fulton McDonough, 
1 fancock, Schuyler, Brown, Adams, Pike, Mason, Menard, 
Morgan, Cass and Scott. 



MISCELLANEOUS. 1 25 

Fifth District. — Counties of Knox, Warren, Henderson, 
Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, 
La Salle, Grundy and Woodford. 

Sixth District. — Counties of Whiteside, Carroll, Jo Da- 
viess, Stephenson, Winnebago, Boone, McHenry, Kane, 
Kendall, De Kalb, Lee, Ogle and Rock Island. 

Seventh District. — Counties of Lake, Cook, Will, Kan- 
kakee and Du Page. 

APPELLATE COURT DISTRICT. 

First District. — Cook County. 

Second District. — The counties embraced in the northern 
grand division of the supreme court, excepting Cook 
County. 

Third District. — The counties embraced within the cen- 
tral grand division of the supreme court. 

Fourth District. — The counties embraced within the 
southern grand division of the supreme court. 

CIRCUIT COURTS. 

First Circuit. — Counties of Alexander, Pulaski, Massac, 
Pope, Johnson, Union, Jackson, Williamson and Saline. 

Second Circuit. — Counties of Hardin, Gallatin, White, 
Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson, 
Richland, Lawrence and Crawford. 

Third Circuit. — Counties of Randolph, Monroe, St. 
Clair, Madison, Bond, Washington and Perry. 

Fourth Circuit. — Counties of Clinton, Marion, Clay, Fay- 
ette, Effingham, Jasper, Montgomery, Shelby and Christian. 

Fifth Circuit. — Counties of Vermilion, Edgar, Clark, 
Cumberland and Coles. 

Sixth Circuit. — Counties of Champaign, Douglas, Moul- 
trie, Macon, De Witt and Piatt. 



126 ILLINOIS AND THE NATION. 

Seventh Circuit. — Counties of Sangamon, Macoupin, 
Morgan, Scott, Green and Jersey. 

Eighth Circuit. — Counties of Adams, Schuyler, Mason, 
Cass, Brown, Pike, Calhoun and Menard. 

Ninth Circuit. — Counties of Knox, Warren, Henderson, 
Hancock, McDonough and Fulton. 

Tenth Circuit. — Counties of Peoria, Marshall, Putnam, 
Stark and Tazewell. 

Eleventh Circuit. — Counties of McLean, Livingston, Lo- 
gan, Ford and Woodford, 

Twelfth Circuit. — Counties of Will, Kankakee and Iro- 
quois. 

Thirteenth Circuit. — Counties of Bureau, La Salle and 
Grundy. 

Fourteenth Circuit. — Counties of Rock Island, Mercer, 
Whiteside and Henry. 

Fifteenth Circuit — Counties of Jo Daviess, Stephenson, 
Carroll, Ogle and Lee. 

Sixteenth Circuit. — Counties of Kane, Du Page, De Kalb 
and Kendall. 

Seventeenth Circuit. — Counties of Winnebago, Boone, 
McHenry and Lake. 

There is also a circuit in Cook County. 



CHAPTER IX. 
NATIONAL GOVERNMENT. 

HISTORICAL SKETCH. 

Declaration of Independence. — July 4, 1776, the date of 
the adoption of the Declaration of Independence, may be 
regarded as the beginning of our national existence. 

In this connection, review the United States history suf- 
ficiently to understand the need and the nature of the Decla- 
ration of Independence. 

Articles of Confederation. — Immediately after the Decla- 
ration of Independence, a plan was proposed for the union 
of the States. This plan, however, was not adopted. 

In 1777, the Articles of Confederation were agreed to by 
Congress, and were to be in force when ratified by all of the 
States. Ten States ratified them the next year, but the 
remaining States failed to do so promptly. Indeed, Mary- 
land withheld her ratification till 1781, nearly five years after 
the Declaration of Independence, and about six months be- 
fore the surrender of Cornwallis, which surrender practi- 
cally closed the Revolutionary War. 

The Articles of Confederation were faulty in many par- 
ticulars. Congress consisted of one house, the members of 
which were chosen annually by the several States, and could 
be recalled at pleasure. Each State paid its own members, 
and had one vote, which was determined by a majority of 
its delegates. The vote of two-thirds of the States was nec- 
essary to authorize any important action. No provision was 

made for an Executive Department, nor for a Judiciary. So 

127 



128 . ILLINOIS AND THE NATION. 

that while Congress could declare war, it could not compel 
the States to furnish men and supplies. It could make peace, 
treaties and alliances, but any State could violate the pro- 
visions of these with impunity. It could apportion taxes 
among the States, but had no authority to levy and collect 
them. It could borrow money, but could not compel its 
repayment. It could coin money, but had no power to pur- 
chase the necessary gold and silver. It could appoint am- 
bassadors, but could not pay even their expenses. 

So insufficient were the Articles that a convention was 
called by Congress to meet at Philadelphia in May, 1787, for 
the express purpose of revising them. This convention was 
attended by delegates from every State but Rhode Island. 
Two of the three delegates from New York returned home 
before the final action was taken, leaving that State without 
a vote. 

The Constitution. — The Articles were found to be faulty 
in theory as well as practice, and after considerable discus- 
sion, the convention decided to abandon them, and prepare 
a constitution on another plan. The result was the present 
constitution, agreed to September 15, 1787, and soon after 
reported to Congress together with a recommendation that 
it be submitted for ratification by convention held in the 
several States for that purpose. The constitution was sub- 
mitted as recommended, and was ratified by eleven States 
in 1788. North Carolina ratified it in 1789, and Rhode 
Island in 1790. "Little Rhody" was practically forced into 
the Union. The other States were preparing to treat her as 
a foreign power, and to restrict her commerce by taxing 
goods imported from Rhode Island. When she entered the 
Union, she retained the <?ld charter granted by Charles II.. 
in 1663, and its abandonment in favor of a state constitution 
in 1842 led to Dorr's Rebellion. 



NATIONAL GOVERNMENT. 1 29 

The ratification of nine States was necessary to give ef- 
fect to the constitution. It went into operation on the first 
Wednesday in March, 1789. As this was the fourth of 
March, the terms of the presidents begin on that day. On 
account of various delays, however, Washington was not 
inaugurated the first time until April 30, 1789. 

LEGISLATIVE DEPARTMENT. 

Congress. — The legislative power of the national gov- 
ernment is vested in a congress which consists of two houses 
— the Senate and the House of Representatives. 

House of Representatives. — The House of Representa- 
tives, or the "lower house," is composed of members elected 
by the people of the several States. The members are elected 
for two years. 

Any person legally qualified to vote for members of the 
most numerous branch of his State legislature may vote for 
a representative in Congress. This implies that all States 
are to have more than one legislative branch, and, as repre- 
sentatives to Congress are elected by the people, the mem- 
bers of the most numerous branch of the State legislature 
are to be elected in the same manner. Each State prescribes 
the qualifications of voters for members of its legislature. 
From this it follows that by moving from one State to an- 
other a man may gain or lose the right to vote for repre- 
sentative in Congress. 

No State has made the qualifications of voters for repre- 
sentative to be different from those of voters for State and 
local officers, so that, as a matter of fact, any legal voter in 
any State can vote for a representative in Congress. 

Eligibility of Members. — Representatives must be at 
least twenty-five years of age. 

No person can be a Representative who has not been for 



I30 ILLINOIS AND THE NATION. 

seven years a citizen of the United States, and who is not, 
when elected, an inhabitant of the State from which he is 
chosen. He need not live in the district represented by him ; 
but it is seldom that the people of a district elect a man from 
another part of their State. In Great Britain, on the other 
hand, it is common for the people to elect to the House of 
Commons a man who lives in quite another part of the coun- 
try. Mr. Gladstone resided in Wales, but for many years sat 
for Midlothian, in Scotland. 

A Representative need not remain an inhabitant of the 
State from which he is chosen. 

No United States officer can be a member of the House 
of Representatives during his continuance in office. 

States cannot add further restrictions upon eligibility. 

By the conditions of the fourteenth amendment, adopted 
in 1868, no person can be a Senator or Representative who, 
having previously taken an oath as an officer of the United 
States or as a State officer to support the constitution of the 
United States, shall have engaged in rebellion against the 
United States, or given aid and comfort to their enemies, 
unless Congress, by a vote of two-thirds of each house, 
remove such disability. Congress has removed this disabil- 
ity in nearly all cases. 

In. case a State should be added by conquest or purchase, 
its inhabitants becoming citizens immediately, the require- 
ment of seven years' citizenship of the United States would 
not be necessary, as each State is, by another provision, en- 
titled to at least one Representative. 

Each territory has one Representative. He may speak 
upon any question relating to his territory, but he has no 
vote. 

Congressional Apportionments. — After the taking of the 
census every ten years, Congress determines how many 



NATIONAL GOVERNMENT. 131 

members of the House of Representatives there shall be for 
the ensuing ten years. At present there are three hundred 
fifty-seven. 

The number representing the population of the United 
States is divided by the number of representatives, and the 
quotient shows the number of people entitled to one repre- 
sentative. The number is called the "Congressional ratio." 
The number representing the population of each State is then 
divided by the congressional ratio, and the quotient gives the 
number of representatives to which the State is entitled. 
The State is then divided by its legislature into as many 
congressional districts as there are representatives to be 
elected in that State, and each district chooses one represent- 
ative. 

It is evident that by dividing the number representing 
the population of each State by the congressional ratio, frac- 
tions will occur in nearly every case, and that the sum of the 
integral quotients will be less than the required number. 
This is remedied by giving to the States having the largest 
fractions one additional representative each, until tire re- 
quired number are provided for. 

What is the congressional ratio at present? To how 
many representatives is Illinois entitled? In what congres- 
sional district do you live? Who is representative from 
your district ? When was he elected ? 

Prior to the abolition of slavery by the thirteenth amend- 
ment in 1865, the population of the States was obtained by 
counting all free persons, except Indians not taxed, and 
three-fifths of the slaves. This plan was adopted as a com- 
promise between the delegates from the Northern and South- 
ern States in the constitutional convention. At that time all 
the States except Massachusetts held slaves, but slavery was 
dying out of all the Northern States, It seemed for a time 



132 ILLINOIS AND THE NATION. 

that the question of slavery would ruin all chances of a con- 
stitutional union, but concessions were made on both sides. 
The Northern States agreed to count three-fifths of the 
slaves in apportioning representatives, and the Southern 
States to count the slaves in the same manner in apportion- 
ing direct taxes. The Northern States agreed that Congress 
should not interfere with the bringing of slaves from Africa 
for twenty years, and that runaway slaves should be deliv- 
ered up to their masters; the Southern, that a tax not to 
exceed ten dollars ($10) a head might be laid upon slaves so 
imported. Both compromises proved to be in favor of the 
Southern States. 

The constitution proper does not mention slaves directly. 
They are spoken of as "three-fifths of all other persons/' 
"such persons as any of the States now existing shall think 
proper to admit." 

From the adoption of the fourteenth amendment in 1868, 
to that of the fifteenth in 1870, negroes were counted in 
apportioning representatives to the Southern States, if those 
States allowed male negroes who were twenty-one years of 
age, or over, to vote. If only white men voted, only white 
persons were counted. 

Vacancies. — When a vacancy happens in the representa- 
tion of any State, from the death, resignation, or expulsion 
from office of any member, or by his acceptance of an incom- 
patible office, the Governor calls an election to fill such 
vacancy. 

Officers. — The House of Representatives elects its Speak- 
er and other officers. 

The Speaker of the House is an officer of great impor- 
tance. He is considered by many to rank next to the Presi- 
dent in real political power. He appoints the committees of 
the House, and upon these committees the work of Congress 



NATIONAL GOVERNMENT. 1 33 

largely depends. He may vote on all questions, and is re- 
quired to do so whenever his vote will decide the pending 
question, or when the vote is by ballot. 

Upon two occasions the lower house has spent two 
months or upwards in electing a Speaker. 

Besides the Speaker, the House has a clerk, sergeant-at- 
arms, door-keeper, postmaster, and chaplain. 

Aside from his other duties, the clerk, who is usually an 
ex-member of Congress, calls the House to order at the 
beginning of the next Congress, and presides until a Speaker 
is elected. 

The duties of the other officers may be inferred from 
their names. (See pp. 24-25.) 

Impeachment. — The House of Representatives has the 
sole power of impeachment. 

When charges of treason, bribery or other high crimes 
or misdemeanors are brought against an officer of the United 
States, a committee of the House is appointed to investigate 
them. If the commitee reports in favor of his impeachment, 
the different charges, having been reduced to writing, are 
discussed and voted upon separately. If the House, by a 
majority vote, decides upon impeachment, the charges, or 
articles of impeachment, are sent to the Senate, and a 
committee is appointed to prosecute the impeachment before 
that body. The trial of impeachment will be treated of in 
another place. 

Bills for Revenue. — All bills for raising revenue must 
originate in the House of Representatives. The Senate, 
however, may propose or concur with amendments, as in 
other cases. 

This provision regarding bills for raising revenue was 
made because the members of the House are the direct 
representatives of the people who pay taxes, and who there- 
fore wish to control the public purse. 



134 IUJNOIS AND THE NATION. 

Senate — The Senate is composed of two senators chosen 
from each State. They are elected by the legislatures of the 
several States, and are in office six years. 

The times, places and manner of holding elections for 
senators and representatives, are prescribed by the several 
State legislatures. But Congress may, at any time, make or 
alter such regulations except as to the places of choosing 
senators. Were it not for this exception, Congress could 
practically decide upon the location of the several State 
capitals. 

Senators Chosen, How. — The manner in which senators 
are elected was prescribed by Congress in an act passed in 
1866. The legislature of each State, chosen next preceding 
the expiration of the time for which any senator is elected, 
on the second Tuesday after its meeting and organization, 
proceed to elect a senator. 

Each house names a person for senator by a viva voce 
vote; the next day at noon, the two houses meet in joint 
assembly, and if the same person has received a majority of 
all the votes in each house, he is declared duly elected. 

If no person has received such majorities, the joint as- 
sembly chooses by a viva voce vote ; and whoever receives a 
majority of all the votes cast, a majority of each house being 
present, is declared elected. 

If no person is elected on the first day, the joint assembly 
convenes each day at twelve o'clock, and takes at least one 
vote each day during the session, or until a senator is elected. 

If a vacancy exists when the legislature meets, the same 
steps are taken ; and if a vacancy occurs during the session 
of the legislature, they proceed to elect on the second Tues- 
day after they have received notice of the vacancy. 

The Governor of the State certifies the election of a sen- 
ator to the President of the United States. In case of a 



NATIONAL GOVERNMENT. 1 35 

vacancy occurring during a recess of the legislature, the 
Governor may make a temporary appointment to fill the 
vacancy. The temporary appointment expires when the leg- 
islature has chosen a person to the vacant senatorship ; and 
in case the legislature at its next session after the appoint- 
ment by the Governor should fail to elect a senator, then the 
temporary incumbent would cease to be a senator at the end 
of such session of the legislature, and the office would re- 
main vacant until duly filled by the legislature. If a legisla- 
ture fails to elect, having had an opportunity to do so, the 
Governor cannot thereafter fill the vacancy or renew a pre- 
vious temporary appointment. This point has been so de- 
cided by the Senate. 

When the senators assembled for the first time, they were 
divided as equally as possible into three classes. Those of 
the first class served two years ; of the second class, four 
years ; and of the third class, six years ; so that since that 
time one-third of the senators have been chosen every two 
years. 

In the constitutional convention, the question of repre- 
sentation in Congress gave rise to long and bitter discussion. 
The large States wanted representation in both houses to 
depend upon population; the small States wanted an equal 
representation of the States in both houses. They finally 
compromised by allowing the representation in the House 
to be determined by population, while equal representation 
was given in the Senate. 

Each senator has one vote, that is, the senators do not 
vote by States. Senators from the same State may, and 
frequently do, vote upon opposite sides of a particular ques- 
tion. 

Who are the present senators from Illinois? 



136 ILLINOIS AND THE) NATION. 

Eligibility of Senators. — No person can be a senator who 
has not attained the age of thirty years and been nine years 
a citizen of the United States, and who is not, when elected, 
an inhabitant of the State from which he is chosen. 

In 1849 James Shields was elected to the Senate from 
Illinois, but was declared to be ineligible by reason of insuf- 
ficient citizenship. 

No officer of the United States can be a senator during 
his continuance in office. 

It is not necessary for a senator to reside in the State 
during his term of office. 

Senators are "congressmen" and "members of congress" 
just as truly as are the representatives, although these terms 
are often erroneously limited to the members of the House of 
Representatives. 

Officers. — The Vice-President of the United States is 
President of the Senate, and has a vote only in case of a tie. 
The Senate chooses its other officers, consisting of a presi- 
dent pro tempore, secretary, chief clerk, executive clerk, 
sergeant-at-arms, door-keeper, and chaplain. 

While there is an actual Vice-President, the president pro 
tempore is chosen temporarily to preside in the absence of 
the former. But when the office of Vice-President becomes 
vacant, the president pro tempore is chosen permanently and 
receives the same salary as was paid to the Vice-President. 

Trial of Impeachments. — The Senate has the sole power 
to try all impeachments. 

When sitting for this purpose, the senators are on oath 
or affirmation ; and when the President of the United States 
is tried, the Chief Justice presides, as the Vice-President is 
interested in the result. 

Judgment in cases of impeachment can extend only to 
removal from office and disqualification to hold any office of 



NATIONAL GOVERNMENT. 1 37 

honor, trust or profit under the United States. A two-thirds 
vote of the members present is necessary to conviction, and 
removal from office is a necessary consequence of conviction 
in case of impeachment. The disqualification to hold office 
may, or may not, be added. The person so convicted may 
also be tried and punished according to law. The President 
has no power to grant pardon in cases of impeachment. 

There have been seven cases of impeachment : William 
Blount, United States Senator from Tennessee, in 1795 ; 
John Pickering, Judge of the District Court of New Hamp- 
shire, in 1803 ; Samuel Chase, Judge of the Supreme Court, 
in 1804; James H. Peck, Judge of District Court of Mis- 
souri, in 1830; West H. Humphries, District Judge of Ten- 
nessee, in 1862; Andrew Johnson, President of the United 
States, in 1868; and William W. Belknap, Secretary of War, 
in 1876. Judges Pickering and Humphries were convicted ; 
the former was removed from office, and the latter was also 
disqualified from holding any office of honor, trust, or profit 
under the United States. 

It will be seen that in matters of impeachment the part 
taken by the House of Representatives is, at first, similar to 
that taken by a grand jury, the articles of impeachment be- 
ing of the nature of an indictment. (See p. 43.) After the 
impeachment reaches the Senate, the House, through five of 
its members, called managers, conducts the prosecution in 
much the same manner as a criminal case is conducted by a 
prosecuting attorney. Throughout the trial the Senate sits 
with open doors, but after the evidence and arguments are 
in, the doors are closed and the Senate deliberates in secret 
session in much the same manner as an ordinary jury. 

Executive Powers. — The executive powers of the Senate 
will be discussed under the Executive Department. 



t38 ILLINOIS AND THE NATION. 

Meetings of Congress. — Congress meets each year on 
the first Monday in December. It may by law appoint a 
different day, but at least one meeting must be held each 
year. It should be noted that all the members of the lower 
house are elected every two years, the election occurring in 
the month of November. The members elect do not take 
their seats, however, in regular session until the first Mon- 
day in December of the following year. This is one of the 
most serious defects in what may be called the machinery 
of our National government. 

The terms of the members elect begin on the fourth day 
of March next following the election, but, in the absence of 
an extra session called by the President, the Congress of 
which they are members does not convene until December. 

Extra sessions of Congress or of either house, may be 
called by the President upon extraordinary occasions. 

Membership. — Each house is the judge of the elections, 
returns, and qualifications of its own members. 

Each house has a committee on elections, to whom all 
contested cases are referred, the house itself acting upon the 
report of the committee when it is rendered. The decision 
of the house is final. (See p. 22.) 

Quorum. — A majority of either house constitutes a quo- 
rum to do business. A smaller number may adjourn from 
day to day, and are authorized to compel the attendance of 
absent members. 

What number now constitutes a quorum in the Senate? 
In the House? 

In England 40 members of the House of Commons con- 
stitute a quorum, although that body consists of 670 mem- 
bers. 

Rules- — Each house determines the rules of its proceed- 
ings, has power to punish its members for disorderly conduct 
and, by a concurrence of two-thirds, may expel a member. 



NATIONAL GOVERNMENT. 1 39 

In 1863 Jesse D. Bright, senator from Indiana, was ex- 
pelled from the Senate, for having expressed sympathy for 
the Rebellion in a private letter which w T as afterwards pub- 
lished. The House has repeatedly punished and expelled 
members. 

Journals. — Each house keeps a journal of its proceed- 
ings. These journals are published from time to time, ex- 
cept such parts as, in the judgment of the respective houses, 
require secrecy. 

Yeas and Nays — In either house, at the request of one- 
fifth of those present, the yeas and nays upon any question 
are entered on the journal. 

The opponents of a pending measure sometimes attempt 
to defeat or at least to delay it beyond the session by making 
dilatory or trivial motions, such as motions to adjourn, and 
then calling for the yeas and nays upon all such motions. 
This practice is called "filibustering." 

Adjournments. — During the session of Congress, neither 
house can, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in 
which the two houses are sitting. In case of disagreement 
between the two houses as to the time of adjournment, the 
President may adjourn them to such time as he may think 
proper. 

Pay of Members. — The compensation of members of 
Congress is fixed by law, and is paid out of the treasury of 
the United States. Senators and Representatives receive 
$5,000 per annum. The Speaker of the House, and the 
President pro tempore of the Senate receive $8,000 per an- 
num. 

Members of the English Parliament receive no pay what- 
ever. 



140 ILLINOIS AND THE NATION. 

Privileges of Members. — In all cases except treason, 
felony, and breach of the peace, members of Congress are 
privileged from arrest during their attendance at the ses- 
sions of their respective houses, and in going to and return- 
ing from them. They cannot be questioned in any other 
place for any speech or debate made in either house. (See 
page 21.) 

Disabilities of Members. — No senator, or representative 
can, during the time for which he is elected, be appointed 
to any civil office of the United States which may be created, 
or the emoluments of which may be increased, during such 
time. 

This provision prevents the President from rewarding 
members who support measures in which he is interested by 
appointing them to offices created or made more lucrative 
during their terms of service. The intention is to keep the 
executive and legislative departments as distinct as possible. 

Oath of Members. — Senators and representatives, and 
the members of the several State legislatures, and all execu- 
tive and judicial officers of the United States and of the sev- 
eral States are bound by oath, or affirmation, to support the 
constitution of the United States. No religious test can be 
required as a qualification to any office or public trust under 
the United States. 

Powers and Duties of Congress. — The powers and duties 
of Congress are defined by the constitution. Nevertheless 
there has always been great diversity of opinion as to what 
the powers of Congress really are in several important par- 
ticulars. The members of the convention which framed the 
constitution differed widely as to the powers that should 
be given Congress. Some were in favor of giving Congress 
very i^reat power, while others were in favor of limiting its 
powers to the minimum. Since the adoption of the consti- 



NATIONAL GOVERNMENT. 141 

tution statesmen have divided upon the same lines, and the 
contest has been transferred from the making to the inter- 
pretation of that instrument. Those who favor an interpre- 
tation which tends to limit the powers of Congress are called 
"strict constructionists." 

Taxes and Duties. — Congress has power to levy and col- 
lect taxes and duties to pay the debts and provide for the 
common defense and general welfare of the United States ; 
but all such taxes and duties must be uniform throughout 
the United States. 

The constitution contains also the words imposts and 
excises in this connection, but the laws of Congress use only 
the word duties for all indirect taxes. Indirect taxes are 
chiefly of two kinds : Duties upon imported goods, com- 
monly called tariff taxes, and duties upon the production or 
use of certain articles of trade or instruments in w T riting, as 
tobacco, patent medicines, liquors, deeds, bank checks, etc., 
commonly called internal revenue. 

Many cases before the Supreme Court of the United 
States have involved the question of what constitute direct 
taxes within the meaning of the constitution, which provides 
that when direct taxes are levied by the United States, they 
shall be apportioned among the several States in proportion 
to their respective population. It was decided in the famous 
Income Tax cases, in 1895, that there are three kinds of 
direct taxes: Capitation (or poll) taxes; taxes on property, 
whether real or personal, and taxes on incomes, whether 
from lands or personal property. This was a radical depart- 
ure from the former decisions of the Supreme Court, in 
which it had been held that, within the meaning of the con- 
stitution, direct taxes were limited to capitation taxes and 
taxes on land, 

The revenue law passed by Congress in 1894 provided 
for a tax on incomes. The rate provided was a 2 per cent, on 



142 ILLINOIS AND THE NATION. 

all incomes over $4,000, derived from property, salary, trade, 
etc., not including necessary expenses, taxes and interest. 
The constitutionality of this law was attacked in the cases 
above mentioned, and the court held it unconstitutional and 
void on the ground that taxes on incomes are direct taxes 
and so must be apportioned among the several States ac- 
cording to their population. The court was divided upon 
this point, the final vote upon it standing 5 judges against 
and 4 for the validity of the law. 

Capitation taxes are taxes laid upon persons at so much 
a head, without regard to property. 

Direct taxes have been levied by Congress only five 
times — the last in 1861. Incomes were taxed in support 
of the Union cause during the Rebellion, and such taxes 
were then treated as indirect taxes by the Supreme Court. 
It must be remembered that the terms direct taxes and indi- 
rect taxes do not mer.n the same in the constitution as in the 
discussion of questions in political economy. In the latter 
case, by direct taxes is meant those which will stay where 
they are put, that is, which cannot be added by the payer to 
the price of goods, or otherwise shifted so that they are ulti- 
mately paid by some one else; while by indirect taxes is 
meant those which can be so shifted. 

The ordinary taxes levied by the State and local author- 
ities are direct taxes within the meaning of the constitution 
as defined by the Supreme Court, but many of them may be 
shifted, and so are indirect within the meaning of political 
economy. Thus, the tax paid by a manufacturer upon the 
materials, machinery, buildings, etc., used by him in his 
business are counted as a part of the cost of production, and 
are included in the price for which the manufactured articles 
are sold. The same principle applies to merchants; the 
taxes which they pay as merchants upon their stocks are 
covered by the prices at which they sell their goods. 



NATIONAL GOVERNMENT. 1 43 

It has been the policy of the National government to 
raise its revenues, as a rule, by means of taxes which are 
indirect in every sense of the word, that is, indirect both in 
form and in fact. They are levied with the expectation that 
the person who pays them will reimburse himself in some 
way, and that they will ultimately fall upon some one else 
who will, as it were, pay them without knowing it. It is 
upon the subject of levying indirect tariff taxes upon imports 
that the doctrines of "protection" and of "tariff for revenue 
only" arise. 

Taxes for State, county and other purposes paid by citi- 
zens of Illinois to the local tax collector are all direct in 
form, although, as we have seen, many of them are not so in 
fact. 

Taxes may be collected to pay the public debt, and "to 
provide for the common defense and to promote the general 
welfare of the United States." The meaning and scope of 
this expression has been much discussed by statesmen, and 
has been a fruitful source of contention between the "strict 
constructionists" and their opponents. 

Borrowing Money. — Congress may borrow money upon 
the credit of the United States. This may be done directly 
or indirectly. 

When money is borrowed directly upon the credit of the 
United States, interest-bearing bonds are generally issued by 
the government. These bonds are purchased by persons who 
desire them. 

At various times before the Civil War, Congress issued 
treasury notes and paid them to such of its creditors as were 
willing to take them. These notes were what are spoken of 
in the constitution as "bills of credit," and were promises to 
pay money on demand or at some future time. Some of 
them bore interest. None of these notes issued prior to 1862 



144 ILLINOIS AND THE NATION. 

wore made legal tender, and persons were not compelled to 
accept them even from the government. 

Greenbacks. — During the Civil War, Congress author- 
ized various issues of treasury notes which were declared to 
be lawful money and a legal tender in payment of all debts, 
public and private, except duties on imports and interest 
on the public debt. Interest on the public debt was paid in 
coin and this could only be done by requiring tariff taxes to 
be paid in gold and silver, since the government could get 
gold and silver in no other way. 

The people were compelled to take these legal tender 
notes, commonly called "greenbacks," in payment of debts 
due from the government, and thus were indirectly forced 
to loan the government the amount of these issues of green- 
backs, or $450,000,000. 

When the government stopped paying out gold and silver 
and issued in its stead legal tender notes, it was said that it 
had "suspended specie payments. " The amount of green- 
backs was afterward reduced to $346,681,016, and in 1879 
the government again began to pay all its debts in gold and 
silver, or, as it was said, "resumed specie payments." 

Commerce. — Congress has power to regulate commerce 
with foreign nations ; also, among the several States and 
with the Indian tribes. 

Under the Confederation, each State regulated the com- 
merce of its people, not only among themselves, but with 
other States, and with foreign nations. This led to serious 
difficulties, and greatly hindered trade, on account of the 
lack of uniformity in the regulations of the different States, 
and of the constant change to which they were subject. 

In pursuance of the power to regulate commerce with 
foreign nations, Congress passed the Embargo Act of 1807. 
At this time the United States were involved in difficulties 



NATIONAL GOVERNMENT. 1 45 

with England and France. The embargo was laid on all 
foreign vessels bound to a foreign port, from any port 
within the jurisdiction of the United States, thus compelling 
all such vessels to lay where they were until the embargo 
should be raised. This action was taken upon the assump- 
tion that American trade was so valuable and necessary to 
those countries that, rather than do without it, they would 
make terms with our government. The act failed of its pur- 
pose, however, and was repealed in 1809. It was followed 
by a non-importation act which forbade commercial inter- 
course with England and France. 

The Inter-State commerce law was passed by virtue of 
power to regulate commerce among the States. This law 
was designed, among other things, to prevent unfair dis- 
criminations in the transportation facilities offered to per- 
sons and places ; to prevent the giving of passes to persons 
supposed to possess influence valuable to railroads ; to pre- 
vent unfair discriminations in passenger fares as between 
different places, and in freight charges, either in the form 
of special rates or in the form of rebates, and to require all 
charges to be an open and public matter. 

Inter-State Commerce Commission. — To enforce this law 
Congress created the Inter-State Commerce Commission, 
consisting of three members, appointed by the President and 
the Senate. The members receive salaries of $7,500 each. 

Anti-Trust Law. — In 1890 an act was passed by Con- 
gress for the purpose of protecting trade and commerce 
against unlawful restraints and monopolies. This is known 
as the "Anti-Trust Law." Like the Inter-State Commerce 
Act, it does not apply to commerce carried on exclusively 
within a State, but it declares every contract, combination 
in the form of trust or otherwise, or conspiracy, in restraint 
of trade or commerce among the several States, or with 



146 ILLINOIS AND THE NATION. 

foreign nations, illegal. The Circuit Courts of the United 
States are given jurisdiction over such cases. 

Naturalization. — Congress has power to establish a uni- 
form rule of naturalization. 

By naturalization, an alien is made a citizen. In order to 
become naturalized, an alien must make, at least two years 
before his admission to citizenship, a declaration on oath, 
that it is his purpose to become a citizen of the United States 
and to announce all allegiance to any foreign prince or state. 
The clerk of the court before whom this is done makes a 
record of his declaration and gives him a certificate stating 
that it has been duly made. These proceedings by an alien 
constitute what is popularly known as "taking. out his first 
papers. " When he applies for admission to full citizenship, 
he must declare, upon oath, that he will support the constitu- 
tion of the United States, and that he does renounce all alle- 
giance to any foreign prince or state. The court before 
whom this is done must be satisfied, before admitting him, 
that he has resided five years within the United States, and 
one year in the State or Territory in which the court is held, 
and that he has behaved as a man of good moral character. 

When a man's naturalization is completed, his wife and 
children under twenty-one years of age also become citizens. 
If a man die after having made his declaration and before 
he secures his "final papers," his widow and minor children 
can become citizens upon taking the necessary oaths. 

The children of citizens of the United States, are consid- 
ered citizens, though born abroad. 

Bankruptcy. — Congress has power to establish uniform 
laws on the subject of bankruptcy throughout the United 
States. 

When a person is unable to pay his debts, he is said to be 
insolvent. Upon his own petition, or that of one or more of 






NATIONAL GOVERNMENT. 147 

his creditors, he may go through proceedings of bankruptcy, 
by which he may be declared by the proper officer to be a 
bankrupt. He is then no longer liable for past debts, but 
may again accumulate and hold property in his own name. 

Congress has passed four bankrupt laws — in 1800, 1840, 
1867 and 1898, respectively. The first three were in force, 
in all, about sixteen years. 

Coining Money. — Congress has power to coin money, 
and to regulate its value, together with that of foreign coin. 

The metals used in coining money in the United States 
are gold, silver, copper and nickel. The coining is done by 
putting these metals into proper form and size, and giving 
to them the stamp of the government. This is done at the 
Mints and Branch Mints of the Government. The letters 
upon coins, as "S," "C C," are mint marks and show at what 
mints the coins were struck, as San Francisco, Carson City, 
etc. 

To regulate the value of United States money is simply to 
determine the ratio of one metal to another, with reference 
to their weight in coins of equal value. Thus the ratio of 
silver and gold is now sixteen to one, that is, the silver dollar 
weighs substantially sixteen times as much as a gold dollar. 

The value of foreign coins are regulated by Congress 
when it fixes the rate at which such coins will be received at 
the National treasury. This rate is governed by their bul- 
lion value, that is, their value as gold or silver irrespective 
of their form and stamp as money. Foreign coins are not 
legal tender in the United States. 

Weights and Measures — Congress has power to fix the 
standards of weights and measures. 

Some of the weights and measures in common use have 
been fixed upon by Congress ; the others rest upon use and 
tradition. All were adopted from England. The National 



I48 ILLINOIS AND THE NATION. 

government and that of each State has a complete set of 
weights and measures that have been adopted as standards. 
(See p. 42.) 

The Metric System of weights and measures has been 
authorized by Congress, but is little used in this country 
except for scientific purposes. 

Counterfeiting. — Congress has power to provide for the 
punishment of counterfeiting the securities and current coin 
of the United States. 

The penalty for counterfeiting gold and silver coins is 
fixed at a fine not exceeding $5,oco and by imprisonment not 
exceeding ten years. For counterfeiting copper and nickel 
coins, the penalty is a fine not exceeding $1,000 and impris- 
onment not exceeding three years. The counterfeiting of 
the securities of the United States, including all bonds, 
coupons, national bank notes, greenbacks, etc., is punished 
by a fine not exceeding $5,000 and by imprisonment at hard 
labor, not exceeding fifteen years. 

Post- Offices and Post-Roads. — Congress has power to 
establish post-offices and post-roads. 

By virtue of this power, the Post-Office Department was 
established by Congress. It is under the charge of the Post- 
master-General, who appoints, and may remove, all post- 
masters whose compensation is less than $1,000 a year. All 
other postmasters are appointed by the President, and con- 
firmed by the Senate. The compensation of the former class 
is derived from the renting of boxes, a percentage on the sale 
of stamps and other receipts of the offices ; the latter class 
receive salaries. 

Copyrights and Patents. — Congress has power to pro- 
mote the progress of science and the useful arts by securing, 
for limited times, to authors and inventors, the exclusive 
right to their respective writings and discoveries. 



NATIONAL GOVERNMENT. 1 49 

The exclusive rights of authors are secured by copy- 
rights ; of inventors, by patents. The former are issued by 
the Librarian of Congress, and are valid for twenty-eight 
years; the latter, by the Commissioner of Patents, and are 
valid for seventeen years. 

Inferior Courts. — Congress may constitute tribunals in- 
ferior to the Supreme Court. These will be discussed under 
the judicial department. 

Piracy. — Congress has power to define and punish pira- 
cies and felonies committed on the high seas, and offenses 
against the law of nations. 

Robbery at sea is termed piracy. The expression high 
seas is a general term for the ocean, including coast waters 
beyond low-water mark. The law of nations consists of a 
body of rules, founded upon justice, and recognized as gov- 
erning the conduct and mutual relations of independent 
States with one another. 

Power to Declare "War. — Congress has power to declare 
war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water. 

In 1812 Congress passed an act declaring war against 
Great Britain. This is the only case in which war has been 
declared directly by Congress. In 1846 it passed an act 
which recited in its preamble that, by the act of the Republic 
of Mexico, a state of war existed between that government 
and the United States. A similar action was taken in 1898 
regarding our war with Spain. 

A rebellion, or civil war, is not a war in the sense in 
which the word is used in the constitution and in interna- 
tional law. War, in this wide sense, can exist only between 
nations. Therefore there was no declaration of war against 
the South in case of the Rebellion. 



150 ILLINOIS AND THE NATION. 

Letters of marque and reprisal authorize a private person 
to cross the boundary into the enemy's country, and to seize 
the persons or property of its subjects. When these letters 
are granted to the commander of a private vessel, the vessel 
becomes a privateer, and her crew may commit acts which 
before would have been piracy. 

United States Army. — Congress has power to raise and 
support armies ; but no appropriation of money for this pur- 
pose can be for a longer term than two years. 

All of the representatives and one-third of the senators 
are chosen every two years. The people and the States which 
elect them can virtually control the army through the appro- 
priation for its support. 

The men who framed the constitution looked upon a 
large standing army as a menace to a free people, and so 
took this step to prevent the President or Congress, or both, 
from maintaining a large army in time of peace, or from 
carrying on a foreign war against the will of the people. 
This is the only matter in which the power of Congress is 
curtailed in this manner. The policy of the National gov- 
ernment has always been in harmony with this provision. 
At the close of the Civil War the great army of the Union 
was at once disbanded, and the soldiers returned to the pur- 
suits of peace with a promptness which astonished the gov- 
ernments of the old world. 

United States Navy. — Congress has power to provide 
and maintain a navy. 

Although our navy has always been relatively small, it 
has distinguished itself in our wars by many brilliant vic- 
tories. A fair-sized navy, well equipped, seems to be ample 
for all our needs. The two years' restriction upon appro- 
priations for the army does not apply to the navy. 



NATIONAL GOVERNMENT. 151 

Rules for Army and Navy. — Congress makes rules for 
the government and regulation of land and naval forces. 

The rules for the army and navy are enforced by courts- 
martial. 

The Militia. — Congress provides for the calling forth of 
the militia to execute the laws of the Union, suppress insur- 
rections, and repel invasions ; also, for the organizing, arm- 
ing and disciplining of the militia, and for governing such 
part of them as may be employed in the service of the United 
States. The appointment of officers, and the authority of 
training the militia according to the discipline prescribed by 
Congress is reserved to the States respectively. 

The militia, or citizen soldiers, are called out only in 
cases of emergency. In 1794 and 186 1-4, the militia were 
called out to suppress the Whisky Insurrection and the 
Rebellion respectively. In 181 2, they were called out to 
repel the invasion of the British. While in active service of 
the United States, the militia are paid the same as the regu- 
lar soldiers and are subject to the same discipline. 

In the war with Spain the militia, as such, was not called 
into service. But many organizations of militia entered the 
United States service, in a body, as volunteers. 

District of Columbia. — Congress exercises exclusive 
jurisdiction over the District of Columbia, and over all places 
purchased by the consent of the several States for the erec- 
tion of forts, magazines, arsenals, dock-yards, and other 
needful buildings. 

The District of Columbia is in reality a Territory of the 
United States, although it is not governed in the same man- 
ner as the other Territories. 

The District is now governed by a board of three com- 
missioners, two of whom are appointed by the President and 
Senate and serve three years; the third is an officer of the 



T52 ILLINOIS AND THE NATION. 

Engineers of the army detailed to this duty by the President. 
There are no elections of any kind by the people of the Dis- 
trict, they being wholly without political rights. The ex- 
penses of local government are paid one-half by Congress 
and one-half by the property owners of the District, which 
comprises about seventy square miles, all lying upon the 
Maryland side of the Potomac. The District was originally 
ten miles square and lay in both Maryland and Virginia, but 
in 1846 the part on the right bank of the Potomac was 
deemed of no advantage to the National government, and 
was ceded back to Virginia. 

Congress determines the time of choosing electors for 
President and Vice-President, and the day on which the 
electors give their votes, which day, however, must be the 
same throughout the United States. 

Other Powers. — Congress also has power : 

1. To declare the punishment of treason. 

2. To dispose of, and make all needful rules respecting 
the territory or other property of the United States. 

3. To propose amendments to the constitution. 

4. To admit new States into the Union. 

5. To regulate the appellate jurisdiction of the Supreme 
Court, and to determine where trial of crimes shall be held, 
when not committed within any State. 

6. To prescribe, by general laws, the manner in which 
the public acts, records, and judicial proceedings of the sev- 
eral States shall be proved, and what shall be their effect. 

Under this power Congress has provided the manner in 
which Acts of State legislatures, the records and judicial 
proceeding of State courts, and all records which may be 
kept in any public office of any State, not appertaining to 
a court, may be proved or admitted in any court or office in 
any other State; and when so proved, or "authenticated," 



NATIONAL GOVERNMENT. 1 53 

such records have the same faith and credit given to them 
in every court and office within the United States as they 
have by law or usage in the courts or offices of the State 
from which they are taken. This applies to Territories of 
the United States, and to other countries, as well as to the 
several States. 

7. To revise and control any State laws respecting the 
laying of duties on imports and exports. 

8. To declare what officer shall act as President in case 
of the removal, death, resignation, or inability of both Presi- 
dent and Vice-President ; and, 

9. To vest the appointment of such inferior officers as 
they may think proper in the President alone, in the courts 
of law, or in the heads of departments. 

The more important of these powers are discussed else- 
where. 

Execution of Powers. — Congress has power to make all 
laws which may be necessary for carrying into execution 
the powers granted to it by the constitution, and all other 
powers vested by it in the government of the United States, 
or in any department or officer of the government. 

Since the formation of the National government states- 
men of the strict-constructionist type have contended that 
this provision should be confined to those powers which 
have been expressly given to Congress by the constitution, 
basing their argument upon the tenth amendment, which 
provides that the powers not delegated to the United States 
by the constitution, nor prohibited by it to the States, are 
reserved to the States respectively or to the people. Other 
statesmen have contended that many powers are necessarily 
implied which Congress must assume in order to carry out 
the intent of the constitution as expressed in its preamble, 
"to provide for the common defense" and "to promote the 



154 ILtlNOIS AND TH£ NATION. 

general welfare." Struggles have taken place in Congress 
upon this issue in connection with the chartering of the 
United States Bank (1791 to 1832); the appropriation of 
money by Congress for the building of the Cumberland 
Road to connect the Mississippi Valley with the Atlantic 
seaboard, and for other internal improvements; the levying 
of tariff duties for the purpose of "protection" and not "for 
revenue only;" the annexation of Louisiana and other for- 
eign territory, and various other questions of less impor- 
tance. 

Limitations of Power. — Certain limitations of the power 
of Congress are contained in the constitution and its amend- 
ments. 

The Slave Trade. — The constitution provides that "the 
migration or importation of such persons as any of the 
States now existing shall think proper to admit" shall not be 
prohibited by Congress prior to 1808, but that a tax not ex- 
ceeding ten dollars for each person might be imposed on 
such importation. 

This provision refers to the importation of slaves. The 
tax authorized was never imposed, but importation was pro- 
hibited after January 1, 1808, and in 1820 Congress declared 
the slave trade to be piracy. 

Habeas Corpus. — The privilege of the writ of habeas 
corpus cannot be suspended, except when in cases of rebel- 
lion or invasion, the public safety may require it. 

A writ of habeas corpus has for its object the prevention 
of false or unjust imprisonment. By it the prisoner accused 
of crime is brought into court, and the cause of his imprison- 
ment is investigated. The writ is also sometimes used tu 
liberate persons confined in hospitals for the insane, or other 
places than prisons, and to obtain possession of children who 
are in the custody of persons not legally fntitlert to such 
custody. 



NATlONAt GOVERNMENT. 155 

This writ, like all others used at law, was formerly writ- 
ten in Latin and takes its name from the words habeas cor- 
pus, which were contained in the old writ, and which mean 
"you may have the body." 

The writ of habeas corpus was suspended throughout 
the United States in case of deserters and other military of- 
fenders by authority of Congress in 1863. Prior to this, it 
had been suspended by the President in different portions of 
the country. 

Ex Post Facto Laws. — No bill of attainder or ex post 
facto law can be passed. 

A bill of attainder inflicts death or other punishment, 
without a judicial trial, and, in countries where it is allowed, 
is usually passed without giving the accused an opportunity 
of defending himself. 

An ex post facto law is one w r hich makes an act a crime 
which was not so when the act was committed, or which in- 
flicts a punishment greater than that imposed when the crime 
was committed. The expression applies only to criminal 
laws. 

Direct Taxes. — Capitation or other direct taxes can only 
be levied by Congress in proportion to population as shown 
by the census. This has been discussed under the head of 
'Towers of Congress." 

Duty on Exports. — No duty can be laid on articles ex- 
ported from any State. 

If an export duty were laid the effect would be to in- 
crease the selling price of exported goods by a like amount, 
and thus make it more difficult for our people to compete 
with other traders in foreign markets. 

Coasting Trade. — No preference can be given, by any 
regulation of commerce or revenue, to the ports of one State 
over those of another ; nor can vessels bound to or from one 
State be obliged to enter, clear, or pay duties in another. 



156 ILLINOIS AND THE NATION. 

When a vessel "enters" a port, the officer in charge re- 
ports the ship and cargo to an authorized officer of the port 
and obtains permission to land. When a vessel "clears," the 
officer in charge obtains written permission to sail from the 
port. All ships arriving from foreign ports must enter, and 
all ships sailing to such ports must clear; but our coasting 
trade is free from these requirements. 

Expenditures. — No money can be drawn from the treas- 
ury, except in consequence of appropriations made by law; 
and a regular account of receipts and expenditures of all 
public money must be published from time to time. 

The Secretary of the Treasury reports annually to Con- 
gress, giving a full account of receipts and expenditures. 

This provision of the constitution is really a restriction 
upon the expenditure of money by the executive department, 
and gives Congress full control of the expenditures as well 
as of the raising of all revenues. 

Titles of Nobility. — No title of nobility can be granted 
. by the United States ; nor can any person holding any office 
of profit or trust under them, without the consent of Con- 
gress, accept of any present, emolument, office or title of 
any kind whatever, from any king, prince, or foreign state. 

Titles of nobility are out of harmony with a republican 
form of government. Even those framers of the constitu- 
tion who most strongly favored the National Government, 
as against the rights reserved to the States, were opposed to 
any aristocratic distinctions in connection with the govern- 
ment or among the people. 

In former times gifts which were of the nature either 
of bribes or of tribute passed between rulers and States. 
Such practices could not be tolerated by this country, and the 
constitution wisely put a restraint upon all gifts from for- 
eign rulers or powers. 



NATIONAL GOVERNMENT. 1 57 

Civil Rights. — Congress can make no law abridging the 
freedom of speech, or of the press ; or of the people peace- 
ably to assemble and to petition the government for a redress 
of grievances ; nor can the right of the people to bear arms 
be infringed. 

These provisions are found among the first amendments 
to the Constitution, adopted in 1791. The demand for them 
by the people as a part of the supreme law of the land grew 
out of the experience of themselves and their forefathers 
with the English government. 

It must be remembered that freedom of speech and of 
the press means simply the right to discuss all matters of 
public interest freely and fully ; they do not involve a license 
to say anything, anywhere, and at any time, regardless of 
the truth or falsity of the thing said, and of the intent or 
purpose of its utterance. 

The constitutional right of the people to bear arms does 
not give a citizen a license to habitually carry a revolver or 
other deadly weapon. This provision refers to the right of 
the people of the several States to organize and equip them- 
selves as militia, so as not to be dependent upon the regular 
army of the Nation for the protection of their own affairs. 

Religious Freedom. — Congress can make no law respect- 
ing the establishment, or prohibiting the free exercise of 
religion ; nor can it require any religious test of any person 
as a qualification for the holding of any office. 

EXECUTIVE DEPARTMENT. 

President* — The executive power is vested in the Presi- 
dent of the United States of America. He is chosen for four 
years. 

It was the purpose of the convention which framed the 
constitution to make the Executive as independent of the 



158 ILLINOIS AND THE NATION. 

other departments as possible. And yet caution was observed 
lest the Executive, being free from restraint, might become 
autocratic and tyrannical. Some were in favor of making 
the Executive consist of two or three persons elected from 
different parts of the Union; but a large majority favored a 
single executive, and this was undoubtedly the wiser course. 

How Chosen. — The President is chosen by electors, who 
are themselves chosen by the several States. They are 
chosen on Tuesday next after the first Monday in November. 

Each State is entitled to as many electors as it has repre- 
sentatives and senators in Congress ; and they are chosen in 
such manner as the State legislature may direct ; but no sen- 
ator or representative, or person holding an office of trust or 
profit under the United States can be appointed an elector. 
In Illinois, they are elected by the people of the State, voting 
by general ticket. In this way, each voter casts his ballot 
for the number of electors to which the State is entitled. 
These electors are put in nomination by the several political 
parties at their State or district conventions. 

The electors of the several States meet at their respective 
State capitals on the second Monday in January, and vote 
separately for President and Vice-President, both of whom 
cannot be from the same State as the electors. They then 
make separate lists of all persons voted for as President and 
Vice-President, showing the number of votes for each. The 
lists are signed and certified and sent sealed to Washington, 
directed to the President of the Senate. On the second 
Wednesday in February, these lists are opened by the Presi- 
dent of the Senate, in the presence of both houses of Con- 
gress, and the votes are counted. The person having the 
highest number of votes for President is declared President, 
and the person having the highest number of votes for Vice- 
President, is declared to be elected Vice-President ; provided 



NATIONAL GOVERNMENT. 1 59 

that, in each case, the highest number of votes received is a 
majority of all the electors appointed. In case the highest 
number of votes for President is less than the required ma- 
jority, the House of Representatives at once choose, by bal- 
lot, a President from the persons (not exceeding three of 
those voted for as President) having the highest numbers. 
In choosing the President, the votes are taken by States, each 
State having one vote. A quorum for this purpose consists 
of one or more members from two-thirds of the States, and 
a majority of all the States is necessary to a choice. If no 
person has the required majority of electoral votes for Vice- 
President, the Senate chooses, from the two highest numbers 
on the list, a Vice-President. A quorum for this purpose 
consists of two-thirds of the whole number of senators, and 
a majority of the whole number is necessary to a choice. 

No person constitutionally ineligible to the office of Pres- 
ident, is eligible to the office of Vice-President of the United 
States. 

If the House of Representatives should fail to choose a 
President, whenever the right of choice falls upon them, 
before the fourth day of March next following, the Vice- 
President would act as President, as in case of the death or 
other constitutional disability of the President. 

Electoral Count Bill. — The constitution makes no provi- 
sion for cases in which there are two certificates of electoral 
votes from the same State. 

In 1876 there were 369 electors and 185 were necessary 
to elect a President. Tilden and Hendricks received 184 
votes, Hayes and Wheeler 164 votes, and four States — South 
Carolina, Florida, Louisiana and Oregon — having a total of 
21 votes, returned two certificates each. It then became 
necessary to decide not only which were the legal returns 
from those States, but who should determine which were 
legal. 



l6o ILLINOIS AND THE NATION. 

The matter created much discussion, which was carried 
on amidst great excitement. After much delay and debate, 
C ongress referred all the cases to an Electoral Commission, 
consisting of fifteen members — five senators, five representa- 
tives and five justices of the Supreme Court. The cases were 
all decided by a vote of eight to seven in favor of Hayes and 
Wheeler, who were declared elected by an electoral vote of 
185 to 184. 

In 1887, Congress passed what is known as the Electoral 
Count Bill. The following are its leading provisions : 

Each State may provide by law for the final determina- 
tion, by judicial or other proceedings, of all cases of contest 
concerning the appointment of its electors. And if such 
provision be made by law prior to the day for appointing 
electors, and if all contests have been determined according 
to such law, at least six days before the time fixed for the 
meeting of the electors to cast their votes, such determina- 
tion shall be conclusive, and shall govern the counting of 
the electoral votes so far as that State is concerned. 

In case only one return is made by any State, no electoral 
votes which have been regularly given by electors whose 
appointments have been lawfully certified by the Governor 
can be rejected. But the two houses concurrently may reject 
the votes when they agree that they have not been regularly 
given by electors whose appointment has been legally cer- 
tified. 

In case more than one return is made by any State, only 
those votes shall be counted which have been regularly given 
by electors who are shown by the determination of the State 
tribunal to be duly appointed. 

In case two or more returns from the same State claim to 
be tlms determined by lawful tribunals, only the votes of 
those electors shall be counted whose title as electors the two 



NATIONAL GOVERNMENT. l6l 

houses, acting separately, shall determine to be supported by 
the decision of the State rendered according to its laws. 

In case two or more returns are made by the same State, 
and no lawful determination has been made in the State, only 
those votes can be counted which the two houses concur- 
rently decide are the lawful votes of legally appointed elect- 
ors. But if the two houses disagree with respect to the 
counting of the votes, the votes of the electors whose ap- 
pointment is certified by the Governor of the State are 
counted. 

The Electoral System. — Whatever may be the merits or 
demerits of the system by which the President is chosen by 
electors, it is certain that it does not realize the objects 
sought by the framers of the constitution. They wished to 
avoid the ''heats and ferments" of elections of President by 
a popular vote, and also to make the President entirely 
independent of the body choosing him. The supposition 
was that under the system adopted, the electors would be 
free and untrammeled when they met to cast their votes, and 
that each would vote for the candidate who seemed to him to 
be best qualified, all things considered. But such has not 
been the case since 1796. In order to a full understanding 
of the system which now prevails it is necessary to consider 
two elements which exist without any provision of consti- 
tution or of law, but which really control the entire matter. 
They constitute the first two steps of the existing system. 

National Conventions. — National nominating conven- 
tions are mere party measures, but they are governed by 
fixed rules which have grown up since 1832. Each party 
has a regular committee which calls its convention in a pre- 
scribed manner. The convention nominates party candidates 
for President and Vice-President and adopts a declaration 
of party principles called a ''platform/' The statement of 



1 62 ILLINOIS AND THE NATION. 

the platform upon a particular subject or issue of the cam- 
paign is called a "plank." The candidates nominated are 
expected to "stand squarely upon the platform." 

State Electoral Ticket. — The State organization of every 
political party participating in the National election nomi- 
nates two Electors-at-large — that is, chosen from the entire 
State — and an Elector from each Congressional district. 
The men thus nominated make up the Electoral ticket for 
that State, and are voted for as a portion of the party ticket 
at the ensuing election. 

The Electors of the party which is successful in any 
State constitute what is called the "Electoral College" of 
that State, and from the time of their election are governed 
by the constitution, and the laws of their State and of Con- 
gress as hereinbefore given. 

By means of this party machinery the Electors are 
pledged in advance to vote for a particular party candidate 
for President and also for Vice-President ; and it is difficult 
to see how the "heat and ferment" of our National cam- 
paigns could be much greater under any other system of 
choosing a President. 

Eligibility. — The President must be a natural born citi- 
zen of the United States, and at least thirty-five years of age. 

The same is true of the Vice-President. 

Residence abroad on official duty, as that of an ambassa- 
dor or minister, is not a disqualification. 

Presidential Succession. — In case of the removal of the 
President from office, or of his death, resignation, or inabil- 
ity to perform the duties of his office, the Vice-President, if 
there be one, takes the oath of office, and becomes President. 
If there should be no Vice-President, the duties of the Presi- 
dent devolve upon the Secretary of State, and in case of his 
death, resignation, or removal from office, upon the Secre- 



NATIONAL GOVERNMENT. 1 63 

tary of the Treasury, and so on through the cabinet officers, 
the succession being in the order in which the offices were 
established by Congress; viz., Secretary of State, Secretary 
of the Treasury, Secretary of War, Attorney-General, Post- 
master-General, Secretary of the Navy, Secretary of the In- 
terior. The law concerning the presidential succession ap- 
plies only to such cabinet officers as have been appointed 
with the consent of the United States Senate, and such as 
are eligible to the office of President under the constitution. 

Prior to 1886, the order of succession after the Vice- 
President was President pro tempore of the Senate, and 
Speaker of the House of Representatives. But it sometimes 
happens that these offices are both vacant at the same time, 
on account of the fact that one Congress ends on the fourth 
of March, and the next does not regularly meet and elect 
officers until the first Monday in the following December. 
On this account, chiefly, Congress changed the presidential 
succession to the members of the cabinet in the order indi- 
cated. By this arrangement, the successor to the presidency 
is sure to be of the same political party as his predecessor. 

When a person becomes President without being elected 
directly to that office, he is called an "accidental" President. 
How r many such Presidents have we had ? Who were they ? 
Whom did each succeed? How many years, in all, have 
they served? 

When the office of President becomes vacant the Vice- 
President takes the oath of office and becomes President. 
But when a vacancy occurs in the office of Vice-President, it 
continues until the next presidential election. The President 
pro tempore of the Senate is a member of that body, and 
does not now succeed to the presidency, in case of a vacancy 
in that office. . 



1 64 ILLINOIS AND THK NATION. 

Who is now President of the United States? When was 
he elected ? Who is Vice-President? President pro tempore 
of the Senate? Speaker of the House of Representatives? 
Xame the present cabinet officers. What is the political 
complexion of the present administration? Of the Senate? 
Of the House of Representatives? 

Oath. — Before entering on the execution of his office, the 
President solemnly swears (or affirms) that he will faithfully 
execute the office of the President of the United States, and 
will, to the best of his ability, preserve, protect, and defend 
the constitution of the United States. 

The constitution and laws merely fix the date and pre- 
scribe the oath to be taken in connection with the President's 
inauguration. It is customary for the President to deliver 
an inaugural address before taking the oath of office, and 
for the Chief Justice to administer the oath ; but the address 
is not required of the President, and any magistrate who has 
power to administer oaths could lawfully act upon this oc- 
casion. 

Comman der- in- Chief ♦ — The President is Commander-in- 
Chief of the army and navy of the United States, and of the 
militia of the several States, when they are called into the 
actual service of the United States. (See p. 41.) 

The President has never taken command of the army 
or navy in person, but delegates his authority to officers 
whom he chooses for that purpose. 

Although great authority is given the President in mak- 
ing him commander-in-chief of the army and navy, yet so 
many safeguards were provided in the constitution as a 
whole, that the President, were he so disposed, could not 
long use the military power of the country against the liber- 
ties of the people without the consent of Congress, 



NATIONAL GOVERNMENT. 1 65 

Reprieves and Pardons. — The President has power to 
grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

The Supreme Court has held that the President may 
commute a sentence of death to imprisonment for life. (See 
p. 40.) 

In cases of impeachment it was considered that the power 
to pardon would be liable to abuse, and for this reason a 
judgment in impeachment proceedings cannot be changed 
or set aside by any pardoning power. But the giving of a 
pardoning power to the executive in all other cases of of- 
fenses against the government is a wise and humane pro- " 
vision of the constitution. 

Treaties* — The President has power, with the consent of 
the Senate, to make treaties. 

A treaty is an agreement between two or more sovereign 
states. 

When a treaty is made, the President acts through the 
Secretary of State, or an ambassador appointed for the pur- 
pose. This officer agrees with the representative of the other 
nation upon the terms of the treaty ; and after it has been 
signed by the representatives of the two nations, it is submit- 
ted for the ratification of the respective governments. Ac- 
cordingly, the President presents the treaty to the Senate 
for its ratification. While discussing a treaty, the Senate sits 
with closed doors. This is called "going into executive ses- 
sion/' If two-thirds of the Senate present concur in the rati- 
fication of the treaty, and it is ratified by the other nation, 
the President, by proclamation, makes the treaty public, and 
it becomes a part of the supreme law of the land. 

In the case of the war with Spain, the representatives of 
the two nations first signed a "protocol/' or preliminary 



1 66 IIJJNOIS AND THE NATION. 

agreement, according to which further negotiations were to 
be carried on until a final treaty should result. 

Executive Appointments. — The President nominates, 
and, with the consent of the Senate, appoints ambassadors, 
other public ministers, consuls, judges of the Supreme Court, 
and all other officers of the United States, that are not other- 
wise provided for. 

Nominations made by the President are presented to the 
Senate in writing, and are acted upon by that body in "exec- 
utive session." Only a majority is necessary to confirm ap- 
pointments. 

A minister of the government is a person who represents 
it, and manages its interests at the seat of government of 
some other power. A minister of the highest rank is called 
an ambassador. 

A consul resides in a foreign country, and acts as agent 
for his government, protecting its rights, commerce, mer- 
chants, seamen, and its citizens while sojourning in such 
foreign country. 

The constitution says nothing in regard to removals from 
office. The first Congress decided, by a close vote, that the 
President might remove an officer without consulting the 
Senate. In 1867, however, Congress passed what is known 
as the "Tenure of Office Bill," which provided that the Pres- 
ident might suspend an officer, when the Senate was not in 
session, reporting his action with the reasons for it to the 
Senate within twenty days after its assembling. If the Sen- 
ate should not concur, the suspended officer was to be rein- 
stated ; if it should concur in the removal, another person 
might be appointed. The bill was vetoed by President John- 
son, and passed over his veto by Congress. The President 
afterward removed Edwin M. Stanton, Secretary of War, 
after the Senate had refused to concur in his suspension; 



NATIONAL GOVERNMENT. 1 67 

for this, chiefly, the House of Representatives brought arti- 
cles of impeachment against the President. After a trial 
lasting nearly three months, the Senate found the President 
not guilty. The Tenure of Office Bill is not now in force. 

While the Senate is in session the President can now 
remove an officer by nominating, and by and with the advice 
and consent of the Senate, appointing his successor. In such 
case the person appointed does not receive his commission, 
nor the incumbent vacate his office, until the nomination of 
the appointee has been confirmed. If the Senate is not in 
session, the President can remove an officer by appointing 
his successor, who at once receives his commission and be- 
gins the duties of the office. If, at its next session, the 
Senate refuses to confirm the nomination, the President 
nominates another person, but the removal stands in either 
case. When vacancies occur in the recess of Congress the 
procedure is the same as in the case of removals made in the 
recess. • 

In actual practice the expression "advice and consent of 
the Senate" is limited so as to mean "consent" merely. 

The Civil Service. — The officers of the National govern- 
ment who are appointed pursuant to law, together with per- 
sons employed to perform routine duties in the various 
departments, constitute what is known as the Civil Service. 
Since the Civil War much has been said about "Civil 
Service Reform." The "civil service reformers" contend 
that all inferior officers and employes who perform routine 
duties should be appointed with sole reference to their fit- 
ness, and during good behavior. Since 1883 we have had 
what is called the "civil service law," which provides that 
positions in the departments, custom houses and the large 
postoffices shall be filled and promotions in cases of vacan- 
cies under the "merit system," the leading feature of which 



1 68 ILLINOIS AND THE NATION. 

is the competitive examination which all candidates must 
undergo. In the absence of the merit system, appointments 
have usually been made for reasons which take but little 
account of personal fitness. Sometimes appointments have 
been made to punish political enemies, sometimes to reward 
political friends, sometimes to promote personal ends, and 
usually to strengthen the party in power. In defending this 
practice on the part of the politicians of the State of New 
York, William L. Marcy, of that State, said in the United 
States Senate : "They [the politicians] see nothing wrong 
in the rule that to the victors belong the spoils of the 
enemy." Since then this practice has been known as the 
"spoils system/' 

The Presidents Message. — The President must, from 
time to time, give to Congress information of the state of the 
Union, and recommend to their consideration such measures 
as he may deem necessary and expedient. 

It has become the custom for the President to send a 
message to Congress at the beginning of each regular ses- 
sion. Accompanying this are the reports of the various 
executive departments. Special messages are sent by the 
President whenever he deems them expedient, or when Con- 
gress has requested information upon some subject. 

Presidents Washington and Adams delivered their mes- 
sages in person to both houses assembled in the Senate 
chamber, and each house afterwards presented a formal 
reply. President Jefferson, however, sent his messages to 
Congress, and they were read to each house by its clerk. All 
other Presidents have followed his example. No replies are 
now made by Congress. 

President's Veto. — Every order, resolution, or vote, to 
which the concurrence of the Senate and House of Repre- 
sentatives is necessary (except on a question of adjourn- 



NATIONAL GOVERNMENT. 1 69 

ment) must be presented to the President, and before it can 
take effect, must be approved by him, or, being disapproved 
by him, must be re-passed by two-thirds of the Senate and 
House of Representatives. When a bill is passed by both 
houses, it is sent to the President for his signature. If he 
wishes the bill to become a law, he signs it, and so makes it 
a law. But if he does not wish it to become a law, he does 
not sign it, but sends it back to the house in which it first 
started. He sends with it his objections, which are written 
in the journal of this house, and the bill is again taken up. 
This time, in order to pass, it must receive the vote of two- 
thirds of this house ; and, if it receives this vote, it is sent, 
together with the objections of the President, to the other 
house. A vote of two-thirds of this house makes it a law 
without the signature of the President. 

In all such cases, the vote of each house must be by yeas 
and nays, and be entered upon the journal. 

If the President does not return the bill within ten days 
(Sundays not counted) after it is sent to him, it becomes a 
law just as if he had signed it, unless Congress adjourns 
before the ten days are up, and so prevents its return. 

The discussion about the President's veto applies to that 
of the Governor of Illinois, with two exceptions. 

A vote of two-thirds of a quroum in each house of Con- 
gress will pass a bill over the President's veto, while in this 
State a vote of two-thirds of all the members elected to each 
house is necessary to pass a bill over the Governor's veto. 

After the adjournment of Congress, all bills not signed 
by the President before the time of adjournment fail to be- 
come laws, although the President may have no objection to 
them. After the adjournment of our State legislature, the 
Governor has ten days in which to file bills, with his objec- 
tions, in the office of the Secretary of State. All bills that 



I70 ILLINOIS AND THE NATION. 

arc not so filed become laws, whether signed by the Gov- 
ernor, or not. 

Other Powers and Duties. — The President receives am- 
bassadors and other public ministers, commissions all officers 
of the United States, and takes care that the laws are faith- 
fully executed. 

Executive Departments. — The executive business of the 
United States is arranged under eight departments. Nearly 
all of these departments are subdivided into bureaus. 

The constitution does not prescribe the number, names 
nor functions of these departments. 

Heads of Departments. — The heads of the departments 
are appointed by the President, and confirmed by the Senate. 

The President may require their written opinion on any 
subject relating to the duties of their respective offices. 

The salary of each is $8,000 a year. 

Department of State. — The Department of State, at the 
head of which is the Secretary of State, has charge of our 
relations with foreign countries, and of the public archives. 

The Secretary of State countersigns all proclamations 
issued by the President. He is keeper of the great seal of 
the United States, and affixes the seal to all commissions 
given by the President. He has charge of the correspondr 
ence with foreign ministers, and presents such ministers to 
the President. He has various other important duties. 

The Department of State ranks first in point of dignity, 
and the Secretary of State is the head of the President's 
Cabinet. His office is usually regarded as next in impor- 
tance to that of the President. 

The Department of State has three bureaus. 

The Diplomatic Bureau. — This bureau embraces all mat- 
ters pertaining to our diplomatic relations with foreign pow- 
ers. The diplomatic service is carried on by the Secretary 






NATIONAL GOVERNMENT. I J I 

of State through our ministers, who are of five different 
ranks, as follows : 

Ambassadors, — The office of ambassador, in its strictest 
sense, seems to have lapsed in this country. 

Envoys Extraordinary and Ministers Plenipotentiary* — 
YVe send envoys extraordinary and ministers plenipotentiary 
to thirteen governments, but all are not of the same rank. 
Four, namely, those to Great Britain, the German Empire, 
France, and Russia, are of the first rank. Seven, namely. 
[Mexico, Brazil, Spain, Italy, Austria, China, and Japan, are 
of the second rank. Two, namely. Chili and Peru, are of 
the third rank. The salaries of these ministers range from 
$10,000 to $17,500 a year, the latter sum being paid to all 
ministers of the first rank. 

Ministers Resident. — We send ministers resident to Swe- 
den, Norway, Belgium, Netherlands, Argentine Republic 
and Venezuela. These officers have salaries of $7,500 a 
year. We also send one minister resident to the Central 
American States, Guatemala, Costa Rica, Honduras, Salva- 
dor and Nicaragua, collectively. He receives $10,000 a year. 

Charges d'Affaires. — These officers are sent to a few of 
the smaller countries. They receive $5,000 -each. The dif- 
ference between these various ministers largely results from 
the difference in rank of the countries to which they are sent. 
Their duties are largely the same. 

Secretaries of Legation. — These officers are the clerks to 
the foreign embassies. A Secretary of Legation is usually 
sent to every government to which a Minister Plenipoten- 
tiary is accredited. 

The Consular Bureau. — This bureau has charge of all 
matters pertaining to our consular service. 

Consuls. — Consuls are not diplomatic, but rather com- 
mercial agents of our government. Their principal duty is 



172 ILLINOIS AND THE NATION. 

to watch over the interests of our commerce in the foreign 
ports to which they are sent, and to protect the rights of 
seamen. They also take possession of the personal property 
of American citizens who die abroad. 

Consuls collect fees, but in most cases these are ac- 
counted for to the government, and the consuls receive sal- 
aries ranging from $1,000 to $6,000 a year. Those who 
receive salaries cannot transact any business for themselves. 

The Domestic Bureau. — This bureau has charge of all 
matters of state which are purely of domestic concern. 

Treasury Department* — Since the issuing of the paper 
money, called greenbacks, and the establishment of the na- 
tional banking system, the importance of the Treasury De- 
partment has been largely increased. It is now the most 
complex and extensive of all the executive departments, and 
is under the charge of the Secretary of the Treasury. Im- 
mediately under the Secretary of the Treasury are the fol- 
lowing officers : The Comptroller, the Auditor, the Treas- 
urer, the Register, and the Assistant Secretary. 

This department manages and superintends the collec- 
tion of the public revenue, and issues warrants for money to 
be drawn from the treasury in pursuance of appropriations 
made by law, and in a general way has charge of the man- 
agement of the finances of the Nation. 

There are two bureaus in the office of Comptroller, and 
six bureaus in the office of the Auditor. And in addition 
to the officers named above, there is a Commissioner of 
Customs, a Commissioner of Internal Revenue, a Director 
of Statistics, a Director of the Mint, and a Director of the 
Ihireau of Engraving and Printing. 

There are first, second, third, fourth, fifth and sixth audi- 
tors, each of whom has charge of auditing the accounts of 
a branch of the public service. Thus the accounts of the 



NATIONAL GOVERNMENT. 1 73 

War Department are audited by the third auditor, those of 
the Navy Department by the fourth auditor. 

There are two comptrollers of the treasury, the first and 
the second. They examine the accounts that have been 
passed upon by the auditors and certify them to the Register. 

The Register is the book-keeper of the National govern- 
ment. His books show all receipts and expenditures. 

The Treasurer receives and keeps all the moneys of the 
United States, and pays them out upon proper warrants. 

The Commissioner of Customs supervises the collection 
of duties at the custom houses. 

The Comptroller of the Currency has supervision of 
the circulation of national banks. 

The Commissioner of Internal Revenue has charge of 
the collection of taxes upon tobacco, malt and spirituous 
liquors, and sees that all stamp taxes or duties upon written 
instruments, patent medicines, etc., are duly paid and the 
stamps canceled pursuant to law. The duties of the direct- 
ors of the mint, bureau of statistics, and of the bureau of 
engraving and printing may be inferred from their titles. 

The office of the Coast Survey, which has charge of the 
preparation of charts made from actual survey of the entire 
sea coast of the United States is connected with the Treasury 
Department; also, the Light House Board, which has the 
superintendence of light houses, beacons, buoys, etc., and 
sees to their construction. 

Department of War. — The Secretary of War is at the 
headof this department. Under the President, he has charge 
of the affairs of the army. He has the custody of all records 
of the army ; superintends the purchase of military supplies ; 
directs matters of army transportation ; oversees the work of 
the signal service and the improvement of rivers and har- 
bors, and attends to the supply of arms and munitions of 
war. 



IJ4 ILLINOIS AND THE NATION. 

The Military Academy at West Point is under the super- 
vision of the War Department. To this academy are ap- 
pointed cadets, there being one from each Congressional 
district, one from each territory, one from the District of Co- 
lumbia, and ten from the United States at large. By law 
these appointments are all made by the President, but, prac- 
tically, those from the Congressional districts are recom- 
mended by the respective representatives in Congress to the 
Secretary of War, who nominates them to the President. 
The selection is sometimes made by competitive examina- 
tion. Cadets must be between the ages of seventeen and 
twenty-two, and must pledge themselves to serve eight years 
unless sooner discharged. The entire expense of the acad- 
emy is paid by the National government. 

The surveys of the great lakes is under the management 
of the War Department. 

Department of Justice. — The Department of Justice, at 
the head of which is the Attorney-General, has general 
charge of the legal affairs of the Nation. The Attorney- 
General Prosecutes all suits in the Supreme Court in which 
the United States are interested, and gives his advice and 
opinion upon questions of law to the President and the heads 
of departments, when such questions pertain to the duties of 
their offices. These opinions are written, and are afterward 
printed for reference. 

Post-OfficeDepartment — The Postoffice Department, at 
the head of which is the Postmaster General, has general 
charge of the carrying of the United States mails. 

In the early days of the republic the rate of postage was 
not uniform throughout the United States as at present. 
At one time the rate upon ordinary letters was five cents to 
any office within thirty miles, ten cents for a greater dis- 
tance and from that up to twenty-five cents, for which sum 



NATIONAL GOVERNMENT. 1 75 

a letter could be sent across the continent. Postage was not 
then paid in advance, but by the person who received the 
letter. Afterward a law was passed which provided for a 
postage rate of three cents upon letters for transmission to 
any point in the country, provided the postage was prepaid ; 
if not prepaid the rate was five cents. In this way the peo- 
ple became accustomed to the prepayment of postage, and 
finally this was required by law. 

The Postmaster General controls more patronage than 
any other executive officer. 

Department of the Navy. — The Department of the 
Navy, at the head of which is the Secretary of the Navy, 
has charge of the navy, and of the Naval Academy at An- 
napolis. Cadets for the naval academy are of the same 
number and are appointed in the same manner as those for 
the military academy. But the cadets must not be less than 
fourteen, nor more than eighteen years of age. 

Department of the Interior* — The Department of the 
Interior has charge of the granting of patents and pensions, 
of the public lands, of Indian affairs, of the taking of the 
census, and of educational affairs. The Secretary of the 
Interior is at the head of this Department. 

This department is largely made up of offices which for- 
merly belonged to other departments. 

The Patent Office is under the charge of the Commis- 
sioner of Patents. 

The Commissioner of Pensions has charge of the pen- 
sion office. 

The Land Office is. under the charge of an officer styled 
the Commissioner of the General Land Office. 

Under the Secretary of the Interior there are also the 
Commissioner of Indian Affairs, the Superintendent of the 
Census and the Bureau of Education, 



176 ILLINOIS AND THE NATION. 

Department of Agriculture. — The Department of Agri- 
culture collects and preserves information concerning agri- 
culture. It also collects seeds and plants, and tests them 
and distributes seeds, plants and information concerning 
agriculture among farmers and other interested persons. 

These duties were formerly performed by the Bureau of 
Agriculture and the Department of the Interior. The 
bureau was changed to an independent department in 1889. 
The head of this department is the Secretary of Agricul- 
ture. 

President's Cabinet. — The heads of the several depart- 
ments form what is known as the President's Cabinet. 
They advise him, when asked to do so, upon the various 
matters pertaining to the departments. Cabinet meetings 
are held at the request of the President, at which the more 
important matters of the government are discussed. The 
President is free to carry out the recommendations of the 
cabinet, or not, as he sees fit. 

The Cabinet, as such, has no legal existence, and per- 
forms no legal duties. It is not mentioned in the constitu- 
tion. Washington called the heads of departments together 
for consultation, and the practice has been kept up by his 
successors. No record is kept of the proceedings of the 
Cabinet, they being merely of an advisory nature. 

President's Salary. — The President receives for his 
services a compensation which can neither be increased nor 
diminished during the term for which he is elected, and he 
cannot receive within that period any other emolument from 
the United States, or from any State. 

The President receives $50,000 a year ; his house, called 
the Executive Mansion, or "White House/' is furnished by 
the Government. 

The Vice- President receives $8,000 a year, 



NATIONAL GOVERNMENT. 1 77 

JUDICIAL DEPARTMENT. 

Judicial Power* — The Judicial power of the United 
States is vested in one Supreme Court, ordained by the con- 
stitution, and in such inferior courts as Congress may from 
time to time establish. 

The Judicial power extends to : 

( i.) All cases in law and equity arising under the consti- 
tution, the laws of the United States, and treaties made un- 
der their authority. 

(2.) All cases affecting ambassadors and other public 
ministers and consuls. 

(3.) All cases of admiralty and maritime jurisdiction. 

(4.) Controversies to which the United States is a 
party. 

(5.) Controversies between two or more States. 

(6.) Controversies between a State and the citizens of 
another State. 

(7.) Controversies between citizens of different States. 

(8.) Controversies between citizens of the same State 
claiming lands under grants of different States. 

(9.) Controversies between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

At the time of the adoption of the constitution the States 
were unwilling to be sued by citizens of other States, domes- 
tic or foreign. This was contrary to the prevailing notions 
of the rights and dignity of a State in case of a controversy 
between it and a private person. It was at first claimed 
that the sixth and ninth clauses given above did not apply 
to suits brought against States, but to those brought by the 
States themselves. That is to say, that a State could go to 
law voluntarily as a plaintiff, but could not be forced into 
court as a defendant, without its consent. This view, how- 



178 ILLINOIS AND THE NATION. 

ever, was decided by the Supreme Court of the United 
States to be erroneous, and it was held that a citizen could 
sue a State in the national courts. Thereupon Congress 
proposed and a sufficient number of States ratified an 
amendment to the constitution — the eleventh— which pro- 
vides that the judicial power must not be construed to ex- 
tend to any suit in law or equity commenced or prosecuted 
against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign States. (See 
page 35-) 

Personal Rights. — No person can be twice put in jeop- 
ardy of life or limb ; or be compelled to be a witness against 
himself, or be deprived of life, liberty or property, without 
due process of law. 

In all criminal trials, the person accused has the right 
to a speedy and public trial by an impartial jury of the 
State and district in which the crime has been committed. 
He must be informed of the nature and cause of the charge 
against him, and be allowed to meet the witnesses against 
him face to face; he must also have process to compel wit- 
nesses to appear in his favor, and the assistance of counsel 
for his defense. 

The constitution further provides that excessive bail 
shall not be required, nor excessive fines imposed, nor cruel 
and unusual punishments inflicted. 

All of these provisions were inserted in the constitution, 
or its amendments, in order to guard against abuses which 
had existed under the government of England. Formerly, 
in that country, men were imprisoned and put upon trial 
for crimes of which they had been previously acquitted. 
Prisoners were tortured into testifying of their own guilt 
when put upon trial for criminal offenses. Men were con- 
demned to death or imprisonment without lawful trials and 



NATIONAL GOVERNMENT. 1 79 

their property confiscated in arbitrary and unlawful ways. 
There was a "due process of law" for all these things, but 
it was ignored and evaded. In this country the laws are 
generally observed by the people, although every person 
who is "lynched" is deprived of life without due process 
of law. The former abuses in England, however, were par- 
ticipated in by the officers of the law, and not merely by 
mobs acting in defiance of the law and its officers. 

In former times persons accused of crime were kept im- 
prisoned in places remote from the place of the alleged 
crime, and for long spaces of time without the privilege of 
communication with relatives, friends or counsel. And 
when brought into court they were often kept in chains, and 
were not allowed to testify, to be represented by counsel, or 
to cross-examine the witnesses produced against them ; nor 
could they compel the attendance of witnesses in their 
favor ; or, indeed, call them to the stand if they were pres- 
ent, prior to 1688. 

Trial by Jury. — The trial of all crimes, except in cases 
of impeachment, must be by jury; the trial must be held 
in the State where the crimes have been committed ; when 
not committed within any State, the trial must be at such 
place as Congress has, by law, directed. 

In suits of common law, in cases where the amount in 
dispute is more than twenty dollars, the right of trial by 
jury must be preserved. 

In England a man now has a right to be tried by a jury 
of his peers — that is, by persons of equal rank. In this 
country, there being no nobility, the right of a man to "the 
judgment of his peers'' means a trial by an impartial jury. 
The verdict of the jury must be unanimous in order to con- 
vict. 



NATION. 



Treason. — Treason against the United States consists 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person can be 
convicted of treason except on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 
A private confession has no effect. 

Congress has power to declare the punishment of trea- 
son, but no attainder of treason can work corruption of 
blood, or forfeiture, except during the life of the person at- 
tainted. 

In England, for punishment of treason, besides the cruel 
death which was inflicted, there was an attainder or stain, 
which had the effect not only of forfeiting the property of 
the person convicted to the State, but of preventing his 
children from inheriting property through him from their 
ancestors. His blood was said to be so corrupted by his 
crime that property could not descend through him to his 
children. Such an attainder is prohibited in this country. 

Aaron Burr was tried for treason in 1807 and acquitted. 

Indictment by Grand Jury* — Before a person can be 
brought to trial for offenses against the United States he 
must be indicted by a grand jury, except in cases which 
arise in the army and navy, or in the militia when in actual 
service in time of war or public danger. 

Instead of the indictment, the grand jury may make a 
presentment, which is a charge made by them from their 
own knowledge, or from evidence before them, without the 
formal accusation drawn up by the prosecuting attorney. 
(See p. 49.) 

Judges. — All United States judges are appointed by the 
President, with the consent of the Senate, and hold office 
during good behavior. They can be removed from office 
only by impeachment. 






NATION AL GOVERNMENT, l8l 

Any judge of any court of the United States who has 
held the office for ten years, and has attained to the age of 
seventy years may resign his office, and yet receive the same 
salary during life that was paid to him at the time of his 
resignation. 

The compensation of United States judges cannot be 
diminished during their continuance in office. 

The fact that they hold office during good behavior 
makes the judges independent of the President and the 
Senate who appoint them, and Congress cannot punish the 
judges indirectly, by reducing their salaries, in case they 
should declare a law unconstitutional, or otherwise render 
a decision which might displease the members of Congress. 

In case a judge should become incapacitated from either 
mental or physical infirmities, he could be removed only by 
impeachment. But with the foregoing provision for their 
retirement by resignation upon full salary after they shall 
have served ten years and shall have attained the age of 
seventy years, no difficulty arising from infirmity is ever 
likely to occur. 

SUPREME COURT. 

Jurisdiction. — The United States Supreme Court has 
original jurisdiction in all cases affecting ambassadors, 
other public ministers and consuls, and those in which a 
state shall be a party. In all other cases mentioned under 
the head of Judicial Pow^er (except where exceptions have 
been made by Congress), it has appellate jurisdiction. (See 
p. 46.) 

A case arising in state courts under state laws can be 
carried to the Supreme Court of the United States when it 
involves the question as to whether or not a State law in- 
volved in the case is contrary to the constitution of the 



1 82 ILLINOIS AND THE NATION. 

United States. Many more State laws have been declared 
by the Supreme Court to be unconstitutional than laws 
enacted by Congress. 

Judges. — There are nine judges of the United States 
Supreme Court — a chief justice and eight associate jus- 
tices. 

Salaries. — The judges of the United States Supreme 
Court receive $10,000, except the chief justice, who re- 
ceives $10,500 a year. 

CIRCUIT COURTS OF APPEAL. 

Jurisdiction. — These courts, which were created by an 
act of Congress in 1891, have appellate jurisdiction only. 
They can review, on appeal or writ of error, the final decis- 
ions of the District and Circuit Courts of the United States 
in all cases other than those which are directly reviewable 
by the Supreme Court, and their decisions are final in many 
instances. They were created to relieve the crowded con- 
dition of the docket of the Supreme Court, which was said 
to be about three years in arrears. 

The practical difference between civil cases taken up on 
appeal, and on writ of error, is that, in the latter case, no 
bond is given by the party who takes up the case, and con- 
sequently there is no stay of execution of the judgment of 
the lower court while the case is pending in the upper court. 

Judges. — There is a circuit court of appeals in each of 
the nine circuits into which the United States are divided, 
each court consisting of three judges, two of whom consti- 
tute a quorum. No judges, however, are appointed for 
these courts, but the justices of the Supreme Court, the 
circuit judges and the several district judges are competent 
to sit as judges of the circuit courts of appeals within their 



NATIONAL GOVERNMENT. 1 83 

respective circuits. The district judges do not sit, however, 
except in the absence of one of the other judges. The ses- 
sions of this court for the seventh district, in which Illinois 
is located, are held at Chicago. 

CIRCUIT COURTS. 

Number and Jurisdiction- — The United States are di- 
vided into nine circuits. 

The circuit courts have original jurisdiction in civil suits 
arising under patent and copyright laws, and in several 
other cases; also in criminal cases for the trial of persons 
accused of offenses against the United States. They have 
appellate jurisdiction in cases tried before the United States 
district courts. 

Judges. — At the time of the creation of the circuit court 
of appeals the number of circuit judges was increased so 
that every circuit has at least two judges and some circuits 
have three, there being over twenty in all. Each judge may 
hold circuit court in his district, either with or without a 
district judge. 

The judges of the Supreme Court apportion the nine 
circuits among themselves, and hold court in each at least 
once every two years. The supreme judge may associate 
with himself a circuit judge or a district judge. 

Salary. — United States Circuit judges receive $6,000 a 
year. 

DISTRICT COURTS. 

Jurisdiction. — The jurisdiction of district courts ex- 
tends to the trial of all crimes committed within the district 
against the United States, except those punishable with 
death. 

The original jurisdiction in civil cases is about the same 
as in the circuit court. 



184 ILLINOIS AND THE NATION. 

Judges.- — The United States are divided into about sev- 
enty districts for the purpose of holding district courts. 
The number of district judges does not correspond to the 
number of districts, as, in some cases, one judge is ap- 
pointed for two or more districts. But there is at least one 
district judge in every State. 

Salaries. — United States district judges receive from 
$3,500 to $5,000 a year. 

COURT OF CLAIMS. 

Jurisdiction . — For a sovereign State or nation to be sued 
would be a contradiction of the idea of enlightened sov- 
ereignty. For if it could be sued in the courts of another 
State or nation, it would not be sovereign, and if in its own 
courts that would imply that it was unwilling to do justice 
without coercion, and the suitor would be asking a sov- 
ereign power to coerce itself. 

Formerly claims against the United States were pre- 
sented to the respective executive departments, and if they 
could not be adjusted there, application for relief could only 
be made to Congress, which had no adequate means of de- 
termining the matter, and the delays incident to its procedure 
often amounted to a complete denial of justice. For this 
reason a court of claims was created by Congress in 1855 
and given power to adjudicate certain classes of claims 
against the United States. Congress appropriates money to 
pay the amounts allowed. 

The district and circuit courts have also been given a 
limited jurisdiction over claims of this character. 

Judges. — The court of claims consists of a chief justice 
and four judges. 



MISCELLANEOUS. 1 85 

MISCELLANEOUS 

RIGHTS OF THE STATES. 

Representation. — Each State is entitled to at least one 
representative in the Lower House, and no amendment to 
the constitution can be made which will deprive any State, 
without its consent, of its equal suffrage in the Senate. 

Citizenship. — The Citizens in each State are entitled to 
all the privileges and immunities of citizens in the several 
States. 

A State is not bound to confer upon a person coming 
into it all the rights and privileges which he might enjoy 
in some other State, but only such as it gives to its own 
citizens. Thus a man who cannot read loses the right to 
vote by moving from Illinois to some State, as Massachu- 
setts or Connecticut, where inability to read is a bar to vot- 
ing. 

Protection. — The United States guarantees to every 
State a republican form of government, and protects it 
from invasion and domestic violence on the application of 
the legislature of the State, or the Governor, when the leg- 
islature cannot be convened. 

Requisitions. — If a person charged in any State wich 
treason, felony or other infamous crime, flees from justice 
and is found in another State, he must, on the demand of 
the Governor of the State from which he fled, be delivered 
up, to be removed to the State which has jurisdiction of the 
crime. 

The writ issued by the Governor of a State demanding 
or requesting of the Governor of another State the surren- 
der of a person accused of a crime committed in the former 
State is called a "requisition," and the person wanted is 
called a "fugitive from justice." The whole procedure of 



186 ILLINOIS AND THE NATION. 

removing- a person from one State to another for trial by 
requisition is called "extradition." 

The United States has treaties with almost all other 
nations and countries whereby persons accused of crime 
are delivered up for trial by means of extradition. 

Rights Reserved. — The powers not delegated to the 
United States by the constitution, nor prohibited by it to 
the States, are reserved to the States or to the people, and 
the enumeration of certain rights must not be construed to 
deny or disparage others retained by the people. 

LIMITATIONS ON THE STATES. 

Alliances Prohibited. — No State can enter into any 
treaty, alliance or confederation, or enter into any. agree- 
ment or compact with another State, or with a foreign 
power, without the consent of Congress. 

The national government could not exist if the several 
States could enter into treaties or alliances with foreign 
States — in fact, the United States would not then be recog- 
nized as a nation having sovereign power. 

Money. — No State can coin money, emit bills of credit, 
make anything but gold and silver coin a legal tender in 
payment of debt, or pass any law impairing the obligations 
of contracts. 

For a State to emit bills of credit would be for it to 
issue paper pledging its faith for the payment, and design- 
ing such paper to circulate as money. 

Any kind of money is legal tender when a debtor can 
compel his creditor to accept such money in satisfaction of 
a debt. Congress has made paper money a legal tender, but 
the States cannot do this. If they could, it would result in 
so many different kinds of money as to cause endless con- 
fusion. 



MISCELLANEOUS. 1 87 

"War. — No State can grant letters of marque and re- 
prisal. Neither can it, without the consent of Congress, 
keep troops or ships of war in time of peace, nor engage in 
war unless actually invaded, or in such imminent danger as 
will not admit of delay. 

This does not prevent the States from maintaining mil- 
itia. The second amendment to the constitution states that 
"A well-regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms 
shall not be infringed. " 

Duties. — No State can, without the consent of Congress, 
lay any duty of tonnage, or any duties on exports or im- 
ports, except what may be absolutely necessary for execut- 
ing the inspection laws. The net proceeds of all such du- 
ties are held for the use of the treasurer of the United 
States. 

If the States on the seacoast could levy duties for the 
purposes of revenue, it would be a constant source of con- 
fusion, jealousy and strife, not only among such States, but 
between them and all others not so situated. 

Civil and Personal Rights. — All persons born cr natu- 
ralized in the United States, and subject to their jurisdiction, 
are citizens of the United States and of the States in which 
they reside, and no State can make or enforce any law 
which shall abridge the privileges or immunities of citizens 
of the United States. No State can deprive any person of 
life, liberty or property, without due process of law, or deny 
to any person within its jurisdiction the equal protection of 
the laws. 

No State can pass any bill of attainder or ex post facto 
law. 

Title of Nobility. — No State can grant any title of no- 
bility. 



188 ILLINOIS AND TH£ NATION. 

Illegal Debts. — A State cannot assume or pay any debt 
or obligation incurred in aid of insurrection or rebellion 
against the United States, or for the loss or emancipation 
of any slave. 

GENERAL PROVISIONS. 

Admission of States. — Congress may admit new States 
into the Union, but no new State can be formed within the 
jurisdiction of any other State, or by the junction of two or 
more States, without the consent of the legislatures of the 
States concerned, as well as of Congress. 

Amendments to the Constitution. — Whenever two- 
thirds of both houses may deem it necessary, Congress must 
propose amendments to the constitution; or, on application 
of the legislatures of two-thirds of the States, must call a 
convention for proposing amendments. Amendments pro- 
posed in either of these ways are valid to all intents and 
purposes as part of the constitution, when ratified by thQ 
legislatures of three-fourths of the States, or by conven- 
tions in three-fourths of the States, as the one or the other 
mode of ratification may be proposed by Congress. But no 
amendment can be made which will deprive any State, with- 
out its consent, of its equal sufifrage in the Senate. 

Fifteen amendments to the constitution have been 
adopted. The first ten were proposed by the first Congress, 
and were ratified in 1791. They all pertain to the rights of 
the people, and, taken together, constitute what is called a 
"Bill of Rights." The second article of the constitution of 
Illinois consists of a Bill of Rights. 

The eleventh amendment, ratified in 1798, limits the 
jurisdiction of the national judiciary.; the twelfth, ratified 
in 1804, changes the mode of electing the President and 
Vice-President ; the thirteenth, ratified in 1865, abolishes 



MISCELLANEOUS. 1 89 

slavery in the United States; the fourteenth, ratified in 1868, 
declares the emancipated slaves to be citizens, and invests 
them with full civil rights ; prescribes the manner of appor- 
tioning the representatives among the States ; places a 
political disability upon all persons who, having sworn to 
support the constitution, afterward engaged in rebellion 
against the United States, and provides that such disability 
may be removed by a two-thirds vote in both houses of 
Congress. The fifteenth amendment provides that the 
right of citizens of the United States to vote cannot be 
denied or abridged on account of race, color, or previous 
condition of servitude. 

Supreme Law. — The constitution of the United States, 
the laws made in pursuance of its provisions, and all treaties 
made under the authority of the United States, constitute 
the supreme law of the land. The judges in every State are 
bound by these, notwithstanding anything which may be in 
the constitution or laws of any State. 

Personal Rights. — No soldier can, in time of peace, be 
quartered in any house without the consent of the owner, or 
in time of war, except in the manner provided by law. 

The people have the right to be secure in their persons, 
houses, papers and effects against unreasonable searches 
and seizures, and this right must not be violated. Warrants 
cannot be issued except on probable cause, supported by 
oath (or affirmation), and particularly describing the place 
to be searched, and the persons or things to be seized. 

Slavery. — Neither slavery nor involuntary servitude, 
except as a punishment of crime of which the person is 
duly convicted, can exist within the limits of the United 
States, or in any place subject to their jurisdiction. 

Public Debt. — The validity of the public debt of the 
United States, authorized by law, including debts incurred 



190 ILLINOIS AND THE NATION. 

for payment of pensions and bounties for service in sup- 
pressing insurrection and rebellion cannot be questioned. 

The United States cannot assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or 
emancipation of any slave. 



APPENDIX. 



CONSTITUTION OF THE STATE OF ILLINOIS. 



Adopted in Convention at Springfield, May 13, A. D. 1870. 



Ratified by the People July 2, 1870; in force August 8, 1870; 
amended in 1878, 1880 and 1886. 



PREAMBLE. 
We, the people of the State of Illinois — grateful to Almighty 
God for the civil, political and religious liberty which He hath so long 
permitted us to enjoy, and looking to Him for a blessing upon our 
endeavors to secure and transmit the same unimpaired to succeeding 
generations — in order to form a more perfect government, establish 
justice, insure domestic tranquility, provide for the common defense, 
promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this constitu- 
tion for the State of Illinois. 

ARTICLE I. 

BOUNDARIES. 

The boundaries and jurisdiction of the State shall be as follows, 
to-wit: Beginning at the mouth of Wabash River; thence up the 
same, and with the line of Indiana, to the northwest corner of said 
State; thence east, with the line of the same State, to the middle of 
Lake Michigan; thence north along the middle of said lake, to north 
latitude forty-two degrees and thirty minutes; thence west to the 
middle of the Mississippi River, and thence down along the middle 
of that river to its confluence with the Ohio River, and thence up the 
latter river along its northwestern shore, to the place beginning; 
Provided, that this State shall exercise such jurisdiction upon the 
Ohio River, as she is now entitled to, or such as may hereafter be 
agreed upon by this State and the State of Kentucky. 

191 



192 ILLINOIS AND THE NATION. 

ARTICLE II. 

BILL OF RIGHTS. 

§ 1. All men are by nature free and independent, and have 
certain inherent and inalienable rights — among these are life, liberty, 
and t he pursuit of happiness. To secure these rights and the protec- 
tion of property, governments are instituted among men, deriving 
their just powers from the consent of the governed. 

§ 2. No person shall be deprived of life, liberty or property, 
without due process of law. 

§ 3. The free exercise and enjoyment of religious profession 
and worship, without discrimination, shall forever be guaranteed; 
and no person shall be denied any civil or political right, privilege or 
capacity on account of his religious opinions; but the liberty of con- 
science hereby secured shall not be construed to dispense with oaths 
or affirmations, excuse acts of licentiousness, or justify practices in- 
consistent with the peace or safety of the State. No person shall 
be required to attend or support any ministry or place of worship 
against his consent, nor shall any preference be given by law to any 
religious denomination or mode of worship. 

§ 4. Every person may freely speak, write and publish on all 
subjects, being responsible for the abuse of that liberty; and in all 
trials for libel, both civil and criminal, the truth, when published 
with good motives and for justifiable ends, shall be a sufficient 
defense. 

§ 5. The right of trial by jury as heretofore enjoyed, shall 
remain inviolate; but the trial of civil cases before justices of the 
peace, by a jury of less than twelve men, may be authorized by law. 

§ 6. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and 
seizures, shall not be violated ; and no warrant shall issue without 
probable cause, supported by affidavit, particularly describing the 
place to be searched, and the persons and things to be seized. 

§ 7. All persons shall be bailable by sufficient sureties, except 
for capital offenses, where the proof is evident or the presumption 
great ; and the privilege of the writ of habeas corpus shall not be 
Suspended, unless when in cases of rebellion or invasion the public 
safety may require it. 

§ 8. No person shall be held to answer for a criminal offense, 
unless on indictment of a grand jury, except in cases in which the 
punishment is by fine, or imprisonment otherwise than in the peni- 



APPENDIX. I93 

tentiary, in cases of impeachment, and in cases arising in the army 
and navy, or in the militia when in actual service in time of war 
or public danger: Provided, that the grand jury may be abolished 
by law in all cases. 

§ 9. In all criminal prosecutions, the accused shall have the 
right to appear and defend in person and by counsel; to demand the 
nature and cause of the accusation, and to have a copy thereof; to 
meet the witnesses face to face, and to have process to compel the 
attendance of witnesses in his behalf, and a speedy public trial by an 
impartial jury of the county or district in which the offense is al- 
leged to have been committed. 

§ 10. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense, 

§ 11. All penalties shall be proportioned to the nature of the 
offense; and no conviction shall work corruption or forfeiture of es- 
tate; nor shall any person be transported out of the State for any 
offense committed within the same. 

§ 12. No person shall be imprisoned for debt, unless upon re- 
fusal to deliver up his estate for the benefit of his creditors, in such 
manner as shall be prescribed by law; or in cases where there is 
strong presumption of fraud. 

§ 13. Private property shall not be taken or damaged for public 
use without just compensation. Such compensation, when not made 
by the State, shall be ascertained by a jury, as shall be prescribed 
by law. The fee of land taken tor railroad tracks, without consent 
of the owners thereof, shall remain in such owners, subject to the 
use for which it is taken. 

§ 14. No ex post facto law, or law impairing the obligation of 
contracts, or making any irrevocable grant of special privileges or 
immunities, shall be passed. 

§ 15. The military shall be in strict subordination to the civil 
power. 

§ 16. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war except 
in the manner prescribed by law. 

§ 17. The people have the right to assemble in a peaceable 
manner to consult for the common good, to make known their opin- 
ions to their representatives, and to apply for redress of grievances, 

§ 18. All elections shall be free and equal, 



194 ILLINOIS AND THE NATION. 

§ 19. Every person ought to find a certain remedy in the laws 
for all injuries and wrongs which he may receive in his person, prop- 
erty or reputation; he ought to obtain, by law, right and justice 
freely and without being obliged to purchase it, completely and 
without denial, promptly and without delay. 

§ 20. A frequent recurrence to the fundamental principles of 
civil government is absolutely necessary to preserve the blessings 
of liberty. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the government of this State are divided into three 
distinct departments — the Legislative, Executive and Judicial; ami 
no person, or collection of persons, being one of these departments, 
shall exercise any power properly belonging to either of the others, 
except as hereinafter expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

§ 1. The legislative power shall be vested in a general assembly, 
which shall consist of a Senate and House of Representatives, both 
to be elected by the people. 

election. l 

§ 2. An election for members of the General Assembly shall be 
held on the Tuesday next after the first Monday in November, in the 
year of our Lord one thousand eight hundred and seventy, and every 
two years thereafter, in each county, at such places therein as may 
be provided by law. When vacancies occur in either house, the gov- 
ernor, or person exercising the powers of governor, shall issue writs 
of election to fill such vacancy. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a senator who shall not have attained 
the age of twenty-five years, or a representative who shall not have 
attained the age of twenty-one years. No person shall be a senator 
or representative who shall not be a citizen of the United States, 
and who shall not have been for five years a resident of this State, 
and for two years next preceding his election a resident within the 
territory forming the district from which he is elected. No judge 
or clerk of any court, secretary of State, attorney general, State's 
attorney, recorder, sheriff, or collector of public revenue, member of 



APPENDIX. I95 

either house of congress, or person holding any lucrative office under 
the United States or this State, or any foreign government, shall 
have a seat in the General Assembly: Provided, that appointments 
in the militia, and the offices of notary public and justice of the 
peace, shall not be considered lucrative. Nor shall any person hold- 
ing any office of honor or profit under any foreign government, or 
under the government of the United States (except postmasters 
whose annual compensation does not exceed the sum of three hun- 
dred dollars), hold any office of honor or profit under the authority 
of this State. 

§ 4. Ko person who has been, or hereafter shall be convicted of 
bribery, perjury or other infamous crime, nor any person who has 
been or may be a collector or holder of public moneys, who shall not 
have accounted for and paid over, according to law. all such moneys 
due from him, shall be eligible to the General Assembly, or to any 
office of profit or trust in this State. 

§ 5. Members of the General Assembly, before they enter upon 
their official duties, shall take and subscribe the following oath or 
affirmation: 

"I do solemnly swear (or affirm) that I will support the constitu- 
tion of the United States and the constitution of the State of Illinois, 
and will faithfully discharge tne duties of senator (or representative) 
according to the best of my ability ; and that I have not knowingly or 
intentionally, paid or contributed anything, or made any promise in the 
nature of a bribe, to directly or indirectly influence any vote at the elec- 
tion at which I< was chosen to fill the said office, and have not accepted, 
nor will I accept or receive, directly or indirectly, any money or other 
valuable thing, from any corporation, company or person, for any vote 
or influence I may give or withhold on any bill, resolution or appropria- 
tion, or for any other official act." 

This oath shall be administered by a judge of the supreme or cir- 
cuit court in the hall of the house to which the member is elected, 
and the secretary of State shall record and file the oath subscribed 
by each member. Any member who shall refuse to take the oath 
herein prescribed shall forfeit his office, and every member who shall 
be convicted of having sworn falsely to, or of violating his said oath, 
shall forfeit his office and be disqualified thereafter from holding any 
office of profit or trust in this state. 

APPORTIONMENT — SENATORIAL. 

§ 6. The General Assembly shall apportion the State every ten 
years, beginning with the year one thousand eight hundred and seV- 



196 ILLINOIS AND THE NATION. 

euty-one, l>\ dividing the population <>t the Slate, as ascertained 
by the federal census, by the number fifty-one, and the quotient shall 
be the ratio of representation in the senate. The State shall be di- 
vided into fifty-one senatorial districts, each of which shall elect one 
M nator, whose term of office shall be four years. The senators elected 
in the year of our Lord one thousand eight hundred and seventy-two, 
in districts bearing odd numbers, shall vacate their offices at the end 
of two years, and those elected in districts bearing even numbers, at 
the end of four years; and vacancies occurring by the expiration of 
term shall be filled by the election of senators for the full term. 
Senatorial districts shall be formed of contiguous and compact terri- 
tory, bounded by county lines, and contain as nearly as practicable 
an equal number of inhabitants; but no district shall contain less 
than four-fifths of the senatorial ratio. Counties containing not le.-:;s 
than the ratio and three-fourths, may be divided into separate dis- 
tricts, and shall be entitled to two senators, and to one additional 
senator for each number of inhabitants equal to the ratio contained 
by such counties in excess of twice the number of said ratio. 

Note. — By the adoption of minority representation, Sections 7 and 
8 of this article, above set forth, cease to be a part of the constitu- 
tion. Under Section 12 of the schedule, and the vote of adoption, the 
following section relating to minority representation is substituted for 
said sections : 

MINORITY REPRESENTATION. 

§ § 7 and 8. The house of representatives shall consist of three 
times the number of the members of the senate, and the term of office 
shall be two years. Three representatives shall be elected in each 
senatorial district at the general election in the year of our Lord 
one thousand eight hundred and seventy-two, and every two years 
thereafter. In all elections of representatives aforesaid, each quali- 
fied voter may east as many votes for one candidate as there are rep- 
resentatives to be elected, or may distribute the same, or equal parts 
thereof, among the candidate-, as he shall see fit; and the candidates 
highest in votes shall be declared elected. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the General Assembly shall commence at 
twelve o'clock noon, on the Wednesday next after the first Monday in 
January, in the year next ensuing the election of members thereof, 
and at no other time, unless as provided by this constitution. A 



APPENDIX. I97 

majority of the members elected to each house shall constitute a 
quorum. Each house shall determine the rules of its proceedings, 
and be the judge of the election, returns and qualifications of its 
members; shall choose its own officers; and the senate shall choose a 
temporary president to preside when the lieutenant governor shall 
not attend as president, or shall act as governor. The secretary of 
State shall call the House of Representatives to order at the opening 
of each new assembly, and preside over it until a temporary presiding 
officer thereof shall have been chosen and shall have taken his seat. 
Xo member shall be expelled by either house, except by a vote of two- 
thirds of all the members elected to that house, and no member shall 
be twice expelled for the same offense. Each house may punish by 
imprisonment any person, not a member, who shall be guilty of dis- 
respect to the house by disorderly or contemptuous behavior in its 
presence. But no such imprisonment shall extend beyond twenty- 
four hours at one time, unless the person shall persist in such dis- 
orderly or contemptuous behavior. 

§ 10. The door of each house and of committees of the whole 
shall be kept open, except in such cases as, in the opinion of the 
house, require secrecy. Neither house shall, without the consent of 
the other, adjourn for more than two days, or to any other place than 
that in which the two houses shall be sitting. Each house shall keep 
a journal of its proceedings, which shall be published. In the senate, 
at the request of two members, and in the house at the request of five 
members, the yeas and nays shall be taken on any question, and 
entered upon the journal. Any two members of either house shall 
have liberty to dissent from and protest, in respectful language, 
against any act or resolution which they think injurious to the public 
or to any individual, and have the reasons of their dissent entered 
upon the journals. 

STYLE OF LAWS, AND PASSAGE OF BILLS. 

§ 11. The style of the laws of this State shall be: "Be it 
enacted by the People of the State of Illinois, represented in the Gen- 
eral Assembly." 

§ 12. Bills may originate in either house, but may be altered, 
amended or rejected by the other; and on the final passage of all 
bills, the vote shall be by yeas and nays, upon each bill separately, 
and shall be entered upon the journal; and no bill shall become a law 



IQ8 ILLINOIS AND THE NATION. 

without the concurrence of a majority of the members elected to each 
bouse. 

§ 13. Every bill shall be read at large on three different days, 
in each house; and the bill and all amendments thereto shall be 
printed before the vote is taken on its final passage; and every bill, 
haying passed both houses, shall be signed by the speakers thereof. 
Xo act hereafter passed shall embrace more than one subject, and 
that shall be expressed in the title. But if any subject shall be em- 
braced in an act which shall not be expressed in the title, such act 
shall be void only as to so much thereof as shall not be so expressed; 
and no law shall be revived or amended by reference to its title only, 
but the law revived, or the section amended, shall be inserted at 
length in the new act. And no act of the General Assembly shall 
take effect until the first day of July next after its passage, unless, 
in case of emergency ( which emergency shall be expressed in the pre- 
amble or body of the act) the General Assembly shall, by a vote of 
two-thirds of all the members elected to each house, otherwise direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, except 
treason, felony or breach of the peace, be privileged from arrest dur- 
ing the session of the General Assembly, and in going to and return- 
ing from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

§ 15. Xo person elected to the General Assembly shall receive 
any civil appointment within this State from the governor, the gov- 
ernor and senate, or from the General Assembly, during the term 
for which he shall have been elected ; and all such appointments, and 
all votes given for any such members for any such office or appoint- 
ment, shall be void; nor shall any member of the General Assembly 
be interested, either directly or indirectly, in any contract with the 
State, or any county thereof, authorized by any law passed during 
the term for which he shall have been elected, or within one year 
after the expiration thereof. 

PUBLIC MONEYS AND APPROPRIATIONS. 

§ 10. The General Assembly shall make no appropriation of 
money out of the treasury in any private law. Bills making appro- 
priations for the pay of members and officers of the General Assem- 
bly, and for the salaries of the officers of the government, shall con- 
tain no provision on any other subject. 



APPENDIX. 199 

§ 17. No money shall be drawn from the treasury except in pur- 
suance of an appropriation made by law, and on the presentation of 
a warrant issued by the auditor thereon; and no money shall be 
diverted from any appropriation made for any purpose, or taken 
from any fund whatever, either by joint or separate resolution. The 
auditor shall, within sixty days after the adjournment of each ses- 
sion of the General Assembly, prepare and publish a full statement 
of all money expended at such session, specifying the amount of each 
item, and to whom and for what paid. 

§ 18. Each General Assembly shall provide for all the appropria- 
tions necessary for the ordinary and contingent expenses of the gov- 
ernment until the expiration of the first fiscal quarter after the ad- 
journment of the next regular session, the aggregate amount of which 
shall not be increased without a vote of two-thirds of the members 
elected to each house, nor exceed the amount of revenue authorized 
by law to be raised in such time; and all appropriations, general 
or special, requiring money to be paid out of the State treasury, from 
funds belonging to the State, shall end with such fiscal quarter. 
Provided, the State may, to meet casual deficits or failures in rev- 
enues, contract debts, never to exceed in the aggregate two hundred 
and fifty thousand dollars; and moneys thus borrowed shall be ap- 
plied to the purpose for which they were obtained, or to pay the 
debt thus created, and to no other purpose; and no other debt, except 
for the purpose of repelling invasion, suppressing insurrection, or 
defending the State in war (for payment of which the faith of the 
State shall be pledged), shall be contracted, unless the law author- 
izing the same shall, at a general election, have been submitted to 
the people and have received a majority of the votes cast for mem- 
bers of the General Assembly at such election. The General Assem- 
bly shall provide for the publication of said law for three months, at 
least, before the vote of the people shall be taken upon the same; 
and provision shall be made, at the time, for the payment of the 
interest annually, as it shall accrue, by a tax levied for the purpose, 
or from other sources of revenue ; which law, providing for the pay- 
ment of such interest by such tax, shall be irrepealable until such 
debt be paid. And, provided further, that the law levying the tax 
shall be submitted to the people with the law authorizing the debt 
to be contracted. 

§ 19. The General Assembly shall never grant or authorize extra 
compensation, fee or allowance to any public officer, agent, servant or 



200 ILLINOIS AND THE NATION. 

contractor, after service has been rendered or a contract made, nor 
authorize the payment of any claim, or part thereof, hereafter created 
against the State under any agreement or contract made without 
express authority of law; and all such unauthorized agreements or 
contracts shall be null and void. Provided, the General Assembly 
may make appropriations for expenditures incurred in suppressing 
insurrection or repelling invasion. 

§ 20. The State shall never pay, assume or become responsible 
for tne debts or liabilities of, or in any manner give, loan or extend 
its credit to, or in aid of, any public or other corporation, association 
or individual. 

PAY OF MEMBERS. 

§ 21. The members of the General Assembly shall receive for 
their services the sum of five dollars per day, during the first session 
held under this constitution, and ten cents for each mile necessarily 
traveled in going to, and returning from, the seat of government, to 
be computed by the auditor of public accounts; and thereafter such 
compensation as shall be prescribed by law, and no other allowance 
or emolument, directly or indirectly, for any purpose whatever, ex- 
cept the sum of fifty dollars per session to each member, which shall 
be in full for postage, stationery, newspaper and all other incidental 
expenses and perquisites; but no change shall be made in the com- 
pensation of the General Assembly during the term for which they 
may have been elected. The pay and mileage allowed to each member 
of the General Assembly shall be certified by the speakers of their re- 
spective houses, and entered on the journals, and published at the 
close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22 The General Assembly shall not pass local or special laws 
in any of the following enumerated cases, that is to say, for — 
Granting divorces; 

Changing t he names of persons or places; 

Laying out, opening, altering and working roads or highways; 
Vacating roa(K town plats, streets, alleys, and public grounds; 
Locating or changing county seats; 
Regulating county and township affairs; 
Regulating the practice in courts of justice; 



APPENDIX. 20I 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates and constables; 

Providing for changes of venue in civil and criminal cases; 

Incorporating cities, towns, or villages, or changing or amending 
the charter of any town, city, or village; 

Providing for the election of members of the board of supervisors 
in townships, incorporated town or cities; 

Summoning and impaneling grand or petit juries; 

Providing for the management of common schools; 

Regulating the rate of interest on money; 

The opening and conducting of an election, or designating the 
place of voting; 

The sale or mortgage of real estate belonging to minors or others 
under disability; 

The protection of game or fish; 

Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures; 

Creating, increasing or decreasing fees, percentages or allowances 
of public officers, during the term for which said officers are elected 
or appointed; 

Changing the law of descent; 

Granting to any corporation, association or individual the right 
to lay down railroad tracks, or amending existing charters for such 
purpose ; 

Granting to any corporation, association or individual any special 
or exclusive privilege, immunity or franchise whatever. 

In all other cases where a general law can be made applicable 
no special law shall be enacted. 

§ 23. The General Assembly shall have no power to release or 
extinguish, in whole or in part, the indebtedness, liability, or obliga- 
tion of any corporation or individual to this State or to any munici- 
pal corporation therein. 

IMPEACHMENT. 

§ 24. The House of Representatives shall have the sole power of 
impeachment; but a majority of all the members elected must con- 
cur therein. All impeachments shall be tried by the senate; and 
when sitting for that purpose, the senators shall be upon oath or 
affirmation, to do justice according to law and evidence. When the 
governor of the State is tried, the chief-justice shall preside. Xo 



202 ILLINOIS AND THE NATION. 

person shall be convicted without the concurrence of two-thirds 
the senators elected. But judgment, in such cases, shall not extend 
further than removal from office, and disqualification to hold any 
office of honor, profit or trust under the government of this State. 
The party, whether convicted or acquitted, shall, nevertheless, be 
liable to prosecution, trial, judgment and punishment according to 
law. 

MISCELLANEOUS. 

§ 25. The General Assembly shall provide, by law, that the fuel, 
stationery and printing paper furnished for the use of the State; the 
copying, printing, binding and distributing the laws and journals, 
and all other printing ordered by the General Assembly, shall be let 
by contract to the lowest responsible bidder; but the General As- 
sembly shall fix a maximum price; and no member thereof, or other 
officer of the State, shall be interested, directly or indirectly, in such 
contract. But all such contracts shall be subject to the approval of 
the governor, and if he disapproves the same, there shall be a re- 
letting of the contract, in such manner as shall be prescribed by law. 

§ 26. The State of Illinois shall never be made defendant in any 
court of law or equity. . 

§ 27. The General Assembly shall have no power to authorize 
lotteries or gift enterprises, for any purpose, and shall pass laws to 
prohibit the sale of lottery or gift enterprise tickets in this State. 

§ 28. No law shall be passed which shall operate to extend the 
term of any public officer after his election or appointment. 

§ 29. it shall be the duty of the General Assembly to pass such 
laws as may be necessary for the protection of operative miners, by 
providing for ventilation, when the same may be required, and the 
construction of escapement shafts, or such other appliances as may 
secure safety in all coal mines, to provide for the enforcement of 
said laws by such penalties and punishments as may be deemed 
proper. 

§ 30. The General Assembly may provide for establishing and 
opening roads and cartways, connected with a public road, for private 
and public use. 

*§ 31. The General Assembly may pass laws permitting the 
owners of land to construct drains, ditches and levees for agricul- 
tural, sanitary or mining purposes, across the lands of others, and 

♦As amended in 1878. 



APPENDIX. 203 

provide for the organization of drainage districts, and vest the cor- 
porate authorities thereof with power to construct and maintain 
levees, drains and ditches, and to keep in repair ail drains, ditches 
and levees heretofore constructed under the laws of this State, by 
special assessments upon the property benefited thereby. 

§ 32. The General Assembly shall pass liberal homestead and 
exemption laws. 

§ 33. The General Assembly shall not appropriate out of the 
Stato treasury, or expend on account of the new capitol grounds, and 
construction, completion and furnishing of the Statehouse, a sum 
exceeding, in the aggregate, three and a half millions of dollars, in- 
clusive of all appropriations heretofore made, without first sub- 
mitting the proposition for an additional expenditure to the legal 
voters of the State, at a general election; nor unless a majority of all 
votes cast at such election shall be for the proposed additional ex- 
penditure. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

§ 1. The executive department shall consist of a governor, lieu- 
tenant-governor, secretary of State, auditor of public accounts, treas- 
urer, superintendent of public instruction, and attorney-general, 
who shall each, with the exception of treasurer, hold his office for 
the term of four years from the second Monday of January next after 
his election, and until his successor is elected and qualified. They 
shall, except the lieutenant-governor, reside at the seat of govern- 
ment during the term of office, and keep the public records, books 
and papers there, and shall perform such duties as may be prescribed 
by law. 

§ 2. The treasurer shall hold his office for the term of two years, 
and until his successor is elected and qualified ; and shall be ineligible 
to said office for two years next after the end of the term for which 
he was elected. He may be required by the governor to give reason- 
able additional security, and in default of so doing his office shall be 
deemed vacant. 

ELECTION. 

§ 3. An election for governor, lieutenant-governor, secretary of 
State, auditor of public accounts, and attorney-general, shall be held 
on the Tuesday next after the first Monday of November, in the year 



204 ILLINOIS AND THE NATION, 

of our Lord one thousand eight hundred and seventy-two, and every 
four years thereafter; for superintendent of public instruction, on 
the Tuesday next after the first Monday of November, in the year 
one thousand eight hundred and seventy, and every four years there- 
after, and for treasurer on the day last above mentioned, and every 
two years thereafter, at such places and in such manner as may be 
prescribed by law. 

§ 4. The returns of every election for the above named officers 
shall be sealed up and transmitted, by the returning officers, to the 
secretary of State, directed to "The Speaker of the House of Repre- 
sentatives," who shall, immediately after the organization of the 
house, and before proceeding to other business, open and publish the 
same in the presence of a majority of each house of the General As- 
sembly, who shall for that purpose assemble in the hall of the House 
of Representatives. The person having the highest number of votes 
tor either of said offices, shall be declared duly elected ; but if two or 
more have an equal, and the highest number of votes, the General 
Assembly shall, by joint ballot, choose one of such persons for said 
office. Contested elections for all of said offices shall be determined 
by both houses of the General Assembly, by joint ballot, in such 
manner as may be prescribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of governor, or lieu- 
tenant-governor, who shall not have attained the age of thirty years, 
and been for five years next preceding his election, a citizen of the 
United States and of this State. Neither the governor, lieutenant- 
governor, auditor of public accounts, secretary of State, superintend- 
ent of public instruction, nor attorney-general, shall be eligible to any 
other office during the period for which he shall have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the gov- 
ernor, who shall take care that the laws be faithfully executed. 

§ 7. The governor shall, at the commencement of each session, 
and at the close of his term of office, give to the General Assembly in- 
formation, by message, of the condition of the State, and shall recom- 
mend such measures as he shall deem expedient. He shall account 
to the General Assembly, and accompany his message with a state- 



APPENDIX. 205 

ment of all moneys received and paid out by him from any funds sub- 
ject to his order, with vouchers, and, at the commencement of each 
regular session, present estimates of the amount of money required 
to be raised by taxation for all purposes. 

§ 8. The governor may, on extraordinary occasions, convene the 
General Assembly, by proclamation, stating therein the purpose for 
which they are convened; and the general assembly shall enter upon 
no business except that for which they were called together. 

§ 9. In case of an agreement between the two houses with re- 
spect to the time of adjournment, the governor may, on the same 
being certified to him by the house first moving the adjournment, 
adjourn the General Assembly to such time as he thinks proper, not 
beyond the first day of the next regular session. 

§ 10. The governor shall nominate and, by and with the advice 
and consent of the senate (a majority of all the senators elected con- 
curring by yeas and nays), appoint all officers whose offices are es- 
tablished by this constitution, or which may be created by law, and 
whose appointment or election is not otherwise provided for; and no 
such officer shall be appointed or elected by the General Assembly. 

§ 11. In case of vacancy, during the recess of the senate, in any 
office which is not elective, the governor shall make a temporary ap- 
pointment until the next meeting of the senate, when he shall 
nominate some person to fill such office; and any person so nomi- 
nated, who is confirmed by the senate (a majority of all the senators 
elected concurring by yeas and nays), shall hold his office during 
the remainder of the term, and until his successor shall be appointed 
and qualified. Xo person, after being rejected by the senate, shall 
be again nominated for the same office at the same session, unless 
at the request of the senate, or be appointed to the same office dur- 
ing the recess of the General Assembly. 

§ 12. The governor shall have power to remove any officer whom 
he may appoint, in case of incompetency, neglect of duty, or mal- 
feasance in office; and he may declare his office vacant and fill the 
same as is herein provided in other cases of vacancy. 

§ 13. The governor shall have power to grant reprieves, com- 
mutations and pardons, after conviction, for all offenses, subject to 
such regulations as may be provided by law relative to the manner 
of applying therefor. 

§ 14. The governor shall be commander-in-chief of the military 
and naval forces of the State (except when they shall be called into 



206 ILLINOIS AND THE NATION. 

the service of the United States) ; and may call out the same to 
execute the laws, suppress insurrection, and repel invasion. 

§ 15. The governor, and all civil officers of this State, shall be 
liable to impeachment for any misdemeanor in office. 

veto. 
§ 16. Every bill passed by the General Assembly shall, before it 
becomes a law, be presented to the governor. If he approve, he shall 
sign it, and thereupon it shall become a law; but if he do not ap- 
prove, he shall return it, with his objections, to the house in which 
it shall have originated, which house shall enter the objections at 
large upon its journal, and proceed to reconsider the bill. If, then, 
two-thirds of the members elected agree to pass the same, it shall 
be sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered; and if approved by two-thirds of the 
members elected to that house, it shall become a law, notwithstand- 
ing the objections of the governor. But in all such cases, the vote 
of each house shall be determined by yeas and nays, to be entered 
on the journal. Any bill which shall not be returned by the governor 
within ten days (Sundays excepted) after it shall have been pre- 
sented to him, shall become a law in like manner as if he had signed 
it, unless the General Assembly shall, by their adjournment, prevent 
its return; in which case it shall be filed, with his objections, in the 
office of the secretary of State, within ten days after such adjourn- 
ment, or become a law. 

LIEUTENANT-GOVERNOR. 

§ 17. In case of the death, conviction or impeachment, failure to 
qualify, resignation, absence from the State, or other disability of 
the governor, the powers, duties and emoluments of the office for the 
residue of the term, or until the disability shall be removed, shall 
devolve upon the lieutenant-governor. 

§ 18. The lieutenant-governor shall be president of the senate, 
and shall vote only when the senate is equally divided. The senate 
shall choose a president, pro tempore, to preside in case of the absence 
or impeachment of the lieutenant-governor, or when he shall hold 
the office of governor. 

§ 19. If there be no lieutenant-governor, or if the lieutenant- 
governor shall, for any of the causes specified in section seventeen 



APPENDIX. 207 

of this article, become incapable of performing the duties of the office, 
the president of the senate shall act as governor until the vacancy 
is filled or the disability removed ; and if the president of the senate, 
for any of the above named causes, shall become incapable of perform- 
ing the duties of governor, the same shall devolve upon the speaker 
of the House of Representatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of public accounts, treasurer, 
secretary of State, attorney general or superintendent of public in 
struction shall be vacated by death, resignation or otherwise, it shall 
be the duty of the governor to fill the same by appointment, and the 
appointee shall hold his office until his successor shall be elected and 
qualified in such manner as may be provided by law. An account 
shall be kept by the officers of the executive department, and of all 
the public institutions of the State, of all moneys received or dis- 
bursed by them, severally, from all sources, and for every service 
performed, and a semi-annual report thereof be made to the gover- 
nor, under oath; and any officer who makes a false report shall be 
guilty of perjury, and be punished accordingly. 

§ 21. The officers of the executive department, and of all the 
public institutions of the State, shall, at least ten days preceding 
each regular session of the General Assembly, severally report to 
the governor, who shall submit such reports to the General Assembly, 
together with the reports of the judges of the supreme court of de- 
fects in the constitution and laws; and the governor may at any 
time require information, in writing, under oath, from the officers of 
the executive department, and all officers and managers of State in- 
stitutions, upon any subject relating to the condition, management 
and expenses of their respective offices. 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall be called 
the "Great Seal of the State of Illinois,'' which shall be kept by the 
secretary of State, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive for their 
services a salary? to be established bv law. which shall not be in» 



208 ILLINOIS AND THE NATION. 

creased or diminished during their official terms, and they shall not, 
after the expiration of the terms of those in office at the adoption of 
this constitution, receive to their own use any fees, costs, perquisites 
of office, or other compensation. And all fees that may hereafter be 
payable by law for any services performed by any officer provided for 
in this article of the constitution, shall be paid in advance into the 
State treasury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position created by the constitution or 
law, continuing during the pleasure of the appointing power, or for 
a fixed time, with a successor elected or appointed. An employment 
is an agency for a temporary purpose, which ceases when that pur- 
pose is accomplished. 

§ 25. All civil officers, except members of the General Assembly 
and such inferior officers as may be by law exempted, shall, before 
they enter on the duties of their respective offices, take and subscribe 
th d following oath or affirmation : 

"I do solemnly swear (or affirm, as the case may be) that I will sup- 
port the constitution of the United States, and the constitution of the 
State of Illinois, and that I will faithfully discharge the duties of the 
office of according to the best of my ability." 

And no other oath, declaration or test shall be required as a 
qualification. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

§ 1. The judicial powers, except as in this article is otherwise 
provided, shall be vested in one supreme court, circuit courts, county 
courts, justices of the peace, police magistrates, and in such courts 
as may be created by law in and for cities and incorporated towns. 

SUPREME COURT. 

§ 2. The supreme court shall consist of seven judges, and shall 
have original jurisdiction in cases relating to the revenue in manda- 
mus and habeas corpus, and appellate jurisdiction in all other cases. 
One of said judges shall be chief-justice; four shall constitute a 
quorum, and the concurrence of four shall be necessary to every de- 
cision. 

§ 3. No person shall be eligible to the office of judge of the su- 
preme court unless he shall be at least thirty years of age, and a citi- 






APPENDIX. 209 

zen of the United States, nor unless he shall have resided in this 
State five years next preceding his election, and be a resident of the 
district in which he shall be elected. 

§ 4. Terms of the supreme court shall continue to be held in the 
present grand divisions at the several places now provided for hold- 
ing the same; and until otherwise provided by law, one or more 
terms of said court shall be held, for the northern division, in the 
city of Chicago each year at such times as said court may appoint, 
whenever said city or the county of Cook shall appoint appropriate 
rooms therefor, and the use of a suitable library, without expense to 
the State. The judicial divisions may be altered, increased or di- 
minished in number, and the times and places of holding said court 
may be changed by law. 

§ 5. The present grand divisions shall be preserved, and be de- 
nominated Southern, Central and Northern, until otherwise provided 
by law. The State shall be divided into seven districts for the elec- 
tion of judges, and until otherwise provided by law, they shall be as 
follows : 

First District. — The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac. 

Second District. — The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgom- 
ery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun 
and Christian. 

Third District. — The counties of Sangamon, Macon, Logan, De 
Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and 
Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, Mer- 
cer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, 
Grundy and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, 
Lee, Ogle and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, Kankakee 
and DuPage. 



2IO ILLINOIS AND THE NATION, 

The boundaries of the districts may be changed at the session of 
the General Assembly next preceding the election for judges therein, 
and at no other time; but whenever such alterations shall be made, 
the same shall be upon the rule of equality of population, as nearly 
as county boundaries will allow, and the districts shall be composed 
of contiguous counties, in as nearly compact form as circumstances 
will permit. The alteration of the districts shall not affect the 
tenure of office of any judge. 

§ 0. At the time of voting on the adoption of this constitution, 
one judge of the supreme court shall be elected by the electors thereof, 
in each of said districts numbered two, three, six and seven, who 
shall hold his office for the term of nine years from the first Monday 
of June, in the year of our Lord one thousand eight hundred ani 
seventy. The term of office of judges of the supreme court, elected 
after the adoption of this constitution, shall be nine years; and on 
the first Monday of June of the year in which the term of any of the 
judges in the office at the adoption of this constitution, or of the 
judges then elected, shall expire, and every nine years thereafter, 
there shall be an election for the successor or successors of such 
judges, in the respective districts wherein the term of such judges 
shall expire. The chief-justice shall continue to act as such until 
the expiration of the term for which he was elected, after which the 
judges shall choose one of their number chief-justice. 

§ 7. From and after the adoption of this constitution, the judges 
of the supreme court shall each receive a salary of four thousand 
dollars per annum, payable quarterly, until otherwise provided by 
law. And after said salaries shall be fixed by law, the salaries of 
the judges in office shall not be increased or diminished during the 
term for which said judges shall have been elected. 

§ 8. Appeals and writs of error may be taken to the supreme 
court, held in the grand division in which the case is decided, or, by 
consent of the parties, to any other grand division. 

§ 1). The supreme court shall appoint one reporter of its de- 
cisions, who shall hold his office for six years, subject to removal by 
the court. 

§ 10. At the time of the election for representatives in the 
General Assembly, happening next preceding the expiration of the 
trims of office of the present clerks of said court, one clerk of said 
court, for each division shall be elected, whose term of office shall 



APPENDIX. 211 

be six years from said election, but who shall not enter upon the 
duties of his office until the expiration of the term of his predecessor, 
and every six years thereafter one clerk of said court for each division 
shall be elected. 

APPELLATE COURTS. 

§ 11. After the year of our Lord one thousand eight hundred 
and seventy-four, inferior appellate courts, of uniform organization 
and jurisdiction, may be created in districts formed for that purpose, 
to which such appeals and writs of error as the General Assembly 
may provide, may be prosecuted from circuit or other courts, and 
from which appeals and writs of error shall lie to the supreme court, 
in all criminal cases, and cases in which a franchise, or freehold, 
or the validity of a statute is involved, and in such other cases as 
may be provided by law. Such appellate courts shall be held by 
such number of judges of the circuit courts, and at such times and 
places, and in such manner as may be provided by law; but no judge 
shall sit in review upon cases decided by him; nor shall said judges 
receive any additional compensation for such services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shall have original jurisdiction of all 
causes in law and equity, and such appellate jurisdiction as is or may 
be provided by law. and shall hold two or more terms each year in 
every county. The terms of office of judges of circuit courts shall 
be six years. 

§ 13. The State, exclusive of the county of Cook and other counties 
having a population of one hundred thousand, shall be divided into 
judicial circuits, prior to the expiration of the terms of office of the 
present judges of the circuit courts. Such circuits shall be formed of 
contiguous counties, in as nearly compact form and as nearly equal 
as circumstances will permit, having due regard to business, terri- 
tory and population, and shall not exceed in number one circuit for 
every one hundred thousand of population in the State. One judge 
shall be elected for each of said circuits by the electors thereof. Xew 
circuits may be formed and the boundaries of circuits changed by 
the General Assembly, at its session next preceding the election for 
circuit judges, but at no other time. Provided, that the circuits 
may be equalized or changed at the first session of the General As- 
sembly after the adoption of this constitution. The creation, altera- 



2 12 ILLINOIS AND THE NATION. 

tion or change of any circuit shall not affect the tenure of office of 
any judge. Whenever the business of the circuit court of any one, 
or of two or more contiguous counties, containing a population ex- 
ceeding fifty thousand, shall occupy nine months of the year, the 
General Assembly may make of such county, or counties, a separate 
circuit. Whenever additional circuits are created, the foregoing 
limitations shall be observed. 

§ 14. The General Assembly shall provide for the times of hold- 
ing court in each county; which shall not be changed, except by the 
General Assembly next preceding the general election for judges of 
said courts; but additional terms may be provided for in any county. 
The election for judges of the circuit courts shall be held on the first 
Monday in June, in the year of our Lord one thousand eight hundred 
and seventy-three, and every six years thereafter. 

§ 15. The General Assembly may divide the State into judicial 
circuits of greater population and territory, in lieu of the circuits 
provided for in section thirteen of this article, and provide for the 
election therein, severally, by the electors thereof, by general ticket, 
of not exceeding four judges, who shall hold the circuit courts in 
the circuit for which they shall be elected, in such manner as may 
be provided by law. 

§ 16. From and after the adoption of this constitution, judges 
of the circuit courts shall receive a salary of three thousand dollars 
per annum, payable quarterly, until otherwise provided by law. 
And after their salaries shall be fixed by law, they shall not be in- 
creased or diminished during the terms for which said judges shall 
be respectively elected; and from and after the adoption of this 
constitution, no judge of the supreme or circuit court shall receive 
any other compensation, perquisite or benefit, in any form what- 
soever, nor perform any other than judicial duties to which may be- 
long any emoluments. 

§ 17. No person shall be eligible to the office of judge of the 
circuit or any inferior court, or to membership in the "board of 
county commissioners," unless he shall be at least twenty-five years 
of age, and a citizen of the United States, nor unless he shall have 
resided in this State five years next preceding his election, and be 
a resident of the circuit, county, city, cities, or incorporated town 
in which he shall be elected. 



APPENDIX. 213 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county, one county 
judge and one clerk of the county court, whose terms of office shall 
be four years. But the General Assembly may create districts of 
two or more contiguous counties, in each of which shall be elected 
one judge, who shall take the place of, and exercise the powers and 
jurisdiction of county judges in such districts. County courts shall 
be courts of records, and shall have original jurisdiction in all mat- 
ters of probate; settlement of estates of deceased persons, appoint- 
ment of guardians and conservators, and settlements of their ac- 
counts ; in all matters relating to apprentices ; and in proceedings for 
the collection of taxes and assessments, and such other jurisdiction a 3 
may be provided for by general law. 

§ 19. Appeals and writs of error shall be allowed from final 
determinations of county courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The General Assembly may provide for the establishment 
of a probate court in each county having a population of over fifty 
thousand, and for the election of a judge thereof, whose term of office 
shall be the same as that of the county judge, and who shall be 
elected at the same time and in the same manner. Said courts, 
when established, shall have original jurisdiction of all probate 
matters, the settlement of estates of deceased persons, the appoint- 
ment of guardians and conservators, and settlements of their ac- 
counts; in all matters relating to apprentices, and in cases of sales 
of real estate of deceased persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates and constables 
shall be elected in and for such districts as are, or may be, pro- 
vided by law, and the jurisdiction of such justices of the peace and 
police magistrates shall be uniform. 

STATE'S ATTORNEY. 

§ 22. At the election for members of the General Assembly in 
the year of our Lord one thousand eight hundred ana seventy-two, 
and every four years thereafter, there shall be elected a State's at- 
torney in and for each county, in lieu of the State's attorneys now 
provided by law, whose term of office shall be four years. 



214 IUJNOIS AND THE NATION. 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. The cir- 
cuit court of Cook county shall consist of five judges, until their 
number shall be increased, as herein provided. The present judge 
of the recorder's court of the city of Chicago, and the present judge 
of the circuit court of Cook county, shall be two of said judges, and 
shall remain in office for the terms for which they were respectively 
elected, and until their successors shall be elected and qualified. The 
superior court of Chicago shall be continued and called the "Supe- 
rior Court of Cook county." The General Assembly may increase 
the number of said judges, by adding one to either of said courts for 
every additional fifty thousand inhabitants in said county over and 
above a population of four hundred thousand. The terms of office 
of the judges of said courts, hereinafter elected, shall be six years. 

§ 24. The judge having the shortest unexpired term shall be 
chief-justice of the court of which he is a judge. In case there are 
two or more whose terms expire at the same time, it may be deter- 
mined by lot which shall be chief-justice. Any judge of either of 
said courts shall have all the powers of a circuit judge, and may 
hold the court of which he is a member. Each, of them may hold 
a different branch thereof at the same time. 

§ 25. The judges of the superior and circuit courts, and the 
State's attorney, in said county, shall receive the same salaries, pay- 
able out of the State treasury, as is or may be paid from said treas- 
ury to the circuit judges and State's attorneys of the State, and 
such further compensation, to be paid by the county of Cook, as is 
or may be provided by law. Such compensation shall not be changed 
during their continuance in office. 

§ 20. The recorder's court of the city of Chicago shall be con- 
tinued, and shall be called the "Criminal Court of Cook county." 
It shall have the jurisdiction of a circuit court in all cases of crim- 
inal and quasi criminal nature, arising in the county of Cook, or that 
may be broughl before said court pursuant to law; and all recog- 
nizances and appeals taken in said county, in criminal and quasi 
criminal eases shall be returnable and taken to said court. It shall 
have no jurisdiction in civil cases, except in those on behalf of the 
people, and incident to such criminal or quasi criminal matters, 
and to dispose of unfinished business. The terms of said criminal 
court of Cook county shall be held by one or more of the judges of 



APPENDIX. 215 

the circuit or superior court of Cook county, as nearly as may be in 
alternation, as may be determined by said judges, or provided by law. 
Said judges shall be ex-officio judges of said court. 

§ 27. The present clerk of the recorder's court of the city of 
Chicago shall be the clerk of the criminal court of Cook county, dur- 
ing the term for which he was elected. The present clerks of the 
superior court of Chicago, and the present clerk of the circuit court 
of Cook county, shall continue in office during the terms for which 
they were respectively elected; and thereafter there shall be but one 
clerk of the superior court, to be elected by the qualified electors 
of said county, who shall hold his office for the term of four years, 
and until his successor is elected and qualified. 

§ 28. All justices of the peace in the city of Chicago shall be 
appointed by the governor, by and with the advice and consent of 
the senate (but only upon the recommendation of a majority of 
the judges of the circuit, superior and county courts), and for such 
districts as are now or shall hereafter be provided by law. They 
shall hold their offices for four years, and until their successors have 
been commissioned and qualified, but they may be removed by sum- 
mary proceeding in the circuit or superior court, for extortion or 
other malfeasance. Existing justices of the peace and police magis- 
trates may hold their offices uniil the expiration of their respective 
terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the governor. 
All laws relating to courts shall be general, and of uniform opera- 
tion; and the organization, jurisdiction, powers, proceedings and 
practice of all courts, of the same class or grade, so far as regulated 
by law, and the force and effect of the process, judgments and decrees 
of such courts, severally, shall be uniform. 

§ 30. The General Assembly may, for cause entered on the 
journals, upon due notice and opportunity ~ of defense, remove from 
office any judge, upon concurrence of three-fourths of all the mem- 
bers elected, of each house. All other officers in this article men- 
tioned, shall be removed from office on prosecution and final con- 
viction, for misdemeanor in office. 

§ 31. All judges of courts of record, inferior to the supreme 
court, shall, on or before the first day of June, of each year, report 
in writing to the judges of the supreme court, such defects and omis- 



2l6 ILLINOIS AND THfl NATION. 

sions in the laws as their experience may suggest; and the judges 
of the supreme court shall, on or before the first day of January, 
of each year, report in writing to the governor sucn defects and 
omissions in the constitution and laws as they may find to exist, to- 
gether with appropriate forms of bills to cure such defects and 
omissions in the laws. And the judges of the several circuit courts 
shall report to the next General Assembly, the number of days they 
have held court in the several counties composing their respective 
circuits, the preceding two years. 

§ 32. All officers provided for in this article shall bold their 
offices until their successors shall be qualified, and they shall, re- 
spectively, reside in the division, circuit, county or district for which 
they may be elected or appointed. The term of offices of all such 
officers, where not otherwise prescribed in this article, shall be four 
years. All officers, where not otherwise provided for in this article, 
shall perform such duties and receive such compensation as is, cr 
may be, provided by law. Vacancies in such elective offices shall be 
filled by election; but where the unexpired term does not exceed one 
year, the vacancy shall be filled by appointment, as follows: Of 
judges, by the governor; of clerks of courts, by the court to which 
the office appertains, or by the judge or judges thereof; and of all 
such other offices, by the board of supervisors, or board of county 
commissioners, in the county where the vacancy occurs. 

§ 33. All process shall run: In the name of the people of the 
State of Illinois; and all prosecutions shall be carried on: In the 
name and by the authority of the People of the State of Illinois; and 
conclude: Against the peace and dignity of the same. "Popula- 
tion," wherever used in this article, shall be determined by the next 
preceding census of this State, or of the United States. 

ARTICLE VII. 

SUFFRAGE. 

§ 1. Every person having resided in this State one year, in the 
county ninety days, and in the election district thirty days next pre- 
ceding any election therein, who was an elector in this State on the 
first day of April, in the year of our Lord one thousand eight hun- 
dred and forty-eight, or obtained a certificate of naturalization, be- 
fore any court of record in this State, prior to the first day of Janu- 



APPENDIX. 217 

ary, in the year of our Lord one thousand eight hundred and 
seventy, or who shall be a male citizen of the United States, above 
the age of twenty-one years, shall be entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning from the same. And no 
elector shall be obliged to do. military duty on the days of election, 
except in time of war or public danger. 

§ 4. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on the business of the United States, 
or of this State, or in the military or naval service 01 the United 
States. 

§ 5. l\o soldier, seaman or marine in the army or navy of the 
United States, shall be deemed a resident of this State in conse- 
quence of being stationed therein. 

§ 6. Xo person shall be elected or appointed to any office in this 
State, civil or military, who is not a citizen of the United States, 
and who shall not have resided in this State one year next preceding 
the election or appointment. 

§ 7. The General Assembly shall pass laws excluding from the 
right of suffrage persons convicted of infamous crimes. 

ARTICLE VIII. 

EDUCATION. 

§ 1. The General Assembly shall provide a thorough and effi- 
cient system of free schools, whereby all children of this State may 
receive a good common school education. 

§ 2. All lands, moneys, or other property, donated, granted, or 
received for school, college, seminary or university purposes, and 
the proceeds thereof, shall be faithfully applied to the objects for 
which such gifts or grants were made. 

§ 3. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever 
make any appropriation or pay from any public fund whatever, any- 
thing in aid of any church or sectarian purpose, or to help support 
or sustain any school, academy, seminary, college, university, or 
other literary or scientific institution, controlled by any church or 



21$ ILLINOIS AND THE NATION. 

sectarian denomination whatever; nor shall any grant or donation of 
land, money, or other personal property ever be made by the State, or 
any Buch public corporation, to any church, or for any sectarian pur- 
pose. 

§ 4. No teacher, State, county, township, or district school 
officer shall be interested in the sale, proceeds or profits of any book, 
a]) pa rat us or furniture, used or to be used, in any school in this 
state, with which such officer or teacher may be connected, under 
such penalties as may be provided by the General Assembly. 

§ 5. There may be a county superintendent of schools in each 
county whose qualifications, powers, duties, compensation, and time 
and manner of election, and term of office, shall be prescribed by law. 

ARTICLE IX. 



§ 1. The General Assembly shall provide such revenue as may 
be needful by levying a tax, by valuation, so that every person and 
corporation shall pay a tax in proportion to the value of his, her, 
or its property — such value to be ascertained by some person or per- 
sons, to be elected or appointed in such manner as the General As- 
sembly shall direct and not otherwise; but the General As- 
sembly shall have power to tax peddlers, auctioneers, brokers, hawk- 
ers, merchants, commission merchants, showmen, jugglers, inn-keep- 
ers, grocery-keepers, liquor-dealers, toll-bridges, ferries, insurance, 
telegraph and express interests or business, venders of patents, and 
persons or corporations owning or using franchises and privileges, 
in such manner as it shall, from time to time, direct by general law, 
uniform as to the class upon which it operates. 

§ 2. The specification of the objects and subjects of taxation 
-hall not deprive the General Assembly of the power to require other 
subjects or objects to be taxed, in such manner as may be consistent 
with the principles of taxation fixed in this constitution. 

§ 3. The property of the State, counties, and other municipal 
corporations, both real and personal, and such other property, as 
may be used exclusively for agricultural and horticultural societies, 
for school, religious, cemetery and charitable purposes, may be ex- 
empted from taxation; but such exemption shall be only by general 
law. In the assessment of real estate incumbered by public ease- 



APPENDIX. 2ig 

ment, any depreciation occasioned by such easement may be deducte'd 
in the valuation of such property. 

§ 4. The General Assembly shall provide, in all cases where it 
may be necessary to sell real estate for the non-payment of taxes or 
special assessments, for State, county, municipal or other purposes, 
that a return of such unpaid taxes or assessments shall be made to 
some general officer of the county, having authority to receive Stat 2 
and county taxes ; and there shall be no sale of said property for any 
of said taxes or assessments but by said officer, upon the order or 
judgment of some court of record. 

§ 5. The right of redemption from all sales of real estate, for 
the non-payment of taxes or special assessments of any character, 
whatever, shall exist in favor of owners and persons interested 111 
such real estate, for a period of not less than two years from such 
sales thereof. And the General Assembly shall provide, by law, for 
reasonable notice to be given to the owners or parties interested, by 
publication or otherwise, of the fact of the sale of the property for 
such taxes or assessments, and when the time of redemption shall 
expire: Provided, that occupants shall in all cases be served with 
personal notice before the time of redemption expires. 

§ 6. The General Assembly shall have no power to release or 
discharge any county, city, township, town or district, whatever, or 
the inhabitants thereof, or the property therein, from their or its 
proportionate share of taxes to be levied for State purposes, nor 
shall commutation for such taxes be authorized in any form whatso- 
ever. 

§ 7. All taxes levied for State purposes shall be paid into the 
State treasury. 

§ 8. County authorities shall never assess taxes, the aggregate 
of which shall exceed seventy-five cents per one hundred dollars' 
valuation, except for the payment of indebtedness existing at the 
adoption of this constitution, unless authorized by a vote of the 
people of the county. 

§ 9. The General Assembly may vest the corporate authorities of 
cities, towns, and villages, with power to make local improvements 
by special assessment or by special taxation of contiguous property. 
or otherwise. For all other corporate purposes, all municipal cor- 
porations may be vested with authority to assess and collect taxes; 



220 IUJNOIS AND THE NATION. 

but such taxes shall be uniform in respect to persons and property, 
within the jurisdiction of the body imposing the same. 

§ 10. The General Assembly shall not impose taxes upon munic- 
ipal corporations, or the inhabitants or property thereof, for cor- 
porate purposes, but shall require that all the taxable property 
within the limits of municipal corporations shall be taxed for tins 
payment of debts contracted under authority of law, such taxes to be 
uniform in respect to persons and property, within the jurisdiction 
of the body imposing the same. Private property shall not be liable 
to be taken or sold for the payment of the corporate debts of a munic- 
ipal corporation. 

§ 11. No person who is in default, as collector or custodian of 
money or property belonging to a municipal corporation, shall be 
eligible to any office in or under such corporation. The fees, salary 
or compensation of no municipal officer wiio is elected or appointed 
for a definite term of office, shall be increased or diminished during 
such term. 

§ 12. No county, city, township, school district, or other munici- 
pal corporation shall be allowed to become indebted in any manner 
or for any purpose, to an amount, including existing indebtedness, 
in the aggregate exceeding five per centum on the value of the tax- 
able property therein, to be ascertained by the last assessment for 
State and county taxes, previous to the incurring of such indebted- 
ness. Any county, city, school district, or other municipal 
corporation, incurring any indebtedness as aforesaid, shall before, or at 
the time of doing so, provide for the collection of a direct annual tax 
sufficient to pay the interest on such debt, as it falls due, and also to 
pay and discharge the principal thereof within twenty years from 
the time of contracting the same. This section shall not be con- 
strued to prevent any county, city, township, school district, or other 
municipal corporation, from issuing their bonds in compliance with 
any vote of the people which may have been had prior to the adop- 
tion of this constitution in pursuance of any law providing therefor. 

ARTICLE X. 

COUNTIES. 

§ 1. No new county shall be formed or established by the Gen 
eral Assembly, which will reduce the county or counties, or either 
of them, from which it shall be taken, to less contents than four 



APPENDIX. 221 

hundred square miles; nor shall any county be formed of less con- 
tents; nor shall any line thereof pass within less than ten miles or 
any county seat of the county or counties proposed to be divided. 

§ 2. Xo county shall be divided, or have any part stricken there- 
from, without submitting the question to a vote of the people of the 
county, nor unless a majority of all the legal voters of the county, 
voting on the question, shall vote for the same. 

§ 3. There shall be no territory stricken from any county, unless 
a majority of the voters living in such territory, shall petition for 
such division; and no territory shall be added to any county with- 
out the consent of the majority of the voters of the county to which 
it is proposed to be added. But the portion so stricken off and 
added to another county, or formed in whole or in part into a new 
county, shall be holden for, and obliged to pay its proportion of the 
indebtedness of the county from which it has been taken. 

COUNTY SEATS- 

§ 4. No county seat shall be removed until the point to which 
it is proposed to be removed shall be fixed in pursuance of law, and 
three-hfths of the voters of the county, to be ascertained in such 
manner as shall be provided by general law, shall have voted in favor 
of its removal to such point ; and no persons shall vote on such ques- 
tion who has not resided in the county six months, and in the elec- 
tion precinct ninety days next preceaing such election. The question 
of the removal of a county seat shall not be oftener submitted than 
once in ten years, to a vote of the people. But when an attempt is 
made to remove a county seat to a point nearer to the center of a 
county, then a majority vote only shall be necessary. 

COUNTY GOVERNMENT. 

§ 5. The General Assembly shall provide, by general law, for 
township organization, under which any county may organize when- 
ever a majority of the legal voters of such county, voting at any 
general election, shall so determine, and whenever any county shall 
adopt township organization, so much of this constitution as pro- 
vides for the management of the fiscal concerns of the said county 
by tne board of county commissioners, may be dispensed with, and 
the affairs of said county may be transacted in such manner as the 
General Assembly may provide. And in any county that shall have 



222 ILLINOIS AND THE NATION. 

adopted a township organization, the question of continuing the 
same may be submitted to a vote of the electors of such county, at a 
genera] election, in the manner that now is or may be provided by 
law; and if a majority of all the votes cast upon that question shall 
bo against township organization, then such organization shall cease 
in said county; and all laws in force in relation to counties not hav- 
ing township organization, shall immediately take effect and be in 
force in such county. No two townships shall have the same name, 
and the day of holding the annual township meeting shall be uniform 
throughout the state. 

§ 6. At the first election of county judges under this constitu- 
tion, there shall be elected in each of the counties in this JState, not 
under township organization, three officers, who shall be styled "The 
board of county commissioners," who shall hold sessions for the trans- 
action of county business as shall be provided by law. One of said 
commissioners shall hold his office for one year, one for two years, 
and one for three years, to be determined by lot; and every year 
thereafter one such officer shall be elected in each of said counties 
for the term of three years. 

§ 7. The county affairs of Cook county shall be managed by a 
board of commissioners of fiiteen persons, ten of whom shall be 
elected from the City of Chicago, and five trom towns outside of said 
city, in such manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

*§ 8. In each county there shall be elected the following 
county officers, at the general election to be held on the Tuesday after 
the first Monday in November, A. D., 1882: A county judge, county 
clerk, sheriff", and treasurer, and at the election to be held on the 
Tuesday after the first Monday in November, A. D., 1884, a coroner 
and clerk of the circuit court (who may he, ex- officio recorder of 
deeds, except in counties having 00,000 and more inhabitants, in 
which counties a recorder of deeds shall be elected at the general 
♦ lection in 1884.) Each of said officers shall enter upon the duties 
of hi- office, respectively, on the first Monday of December after his 
election, and they shall hold their respective offices for the term of 
four year-, and until their successors are elected and qualified: 
Provided, that no person having once been elected to the office of 



♦As amended in 1880 



APPENDIX. 223 

sheriff or treasurer shall be eligible to re-election to said office for 
four years after the expiration of the term for which he shall have 
been elected. 

§ 9. The clerks of all the courts of record, the treasurer, sheriff, 
coroner and recorder of deeds of Cook county, shall receive as their 
only compensation for their services, salaries to be fixed by law, 
which shall in no case be as much as the lawful compensation of a 
judge of the circuit court of said county, and shall be paid, respect 
ively. only out of the fees of the office actually collected. All fees 3 
perquisites and emoluments (above the amounts of said salaries) 
shall be paid into the county treasury. The number of the deputies 
and assistants of such officers shall be determined by rule of the cir- 
cuit court, to be entered of record, and their compensation shall be 
determined by the county board. 

§ 10. The county board, except as provided in section nine of 
this article, shall fix the compensation of all county officers, with 
the amount of their necessary clerk hire, stationery, fuel and other 
expenses, and in all cases where fees are provided for, said compen- 
sation shall be paid only out of, and shall in no instance exceed, the 
fees actually collected, they shall not allow either of them more per 
annum than fifteen hundred dollars, in counties not exceeding twenty 
thousand inhabitants ; two thousand dollars, in counties containing 
twenty thousand and not exceeding thirty thousand inhabitants ; 
twenty-five hundred dollars, in counties containing thirty thousand 
and not exceeding fifty thousand inhabitants; three thousand dollar^, 
in counties containing fifty thousand and not exceeding seventy thou- 
sand inhabitants; thirty-five hundred dollars, in counties containing 
seventy thousand and not exceeding one hundred thousand inhabit- 
ants; and four thousand dollars, in counties containing one hun- 
dred thousand and not exceeding two hundred and fifty thousand 
inhabitants: and not more than one thousand dollars additional 
compensation for each additional one hundred thousand inhabitants. 
Provided, that the compensation of no officer shall be increased or 
diminished during his term of office. All fees or allowances by them 
received, in excess of their said compensation, shall be paid into 
the county treasury. 

§ 11. The fees of township officers, and of each class of county 
officers, shall be uniform in the class of counties to which they re- 
spectively belong. The compensation herein provided for shall apply 



224 ILLINOIS AND THE NATION. 

only to officers hereafter elected, but all fees established by special 
laws shall cease at the adoption of this constitution, and such officers 
Mia 11 receive only such fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county and township 
officers, shall terminate with the terms respectively of tiiose who may 
be in office at the meeting of the first General Assembly after the 
adoption of this constitution; and the General Assembly shall, by 
general law, uniform in its operation, provide for and regulate the 
fees of said officers and their successors, so as to reduce the same to 
a reasonable compensation for services actually renderea. But the 
General Assembly may, by general law, classify the counties by popu- 
lation into not more than three classes, and regulate the fees accord- 
ing to class. This article shall not be construed as depriving the 
General Assembly of the power to reduce the fees of existing officers. 

§ 13. Every person Avho is elected or appointed to any office in 
this State, w T ho shall be paid in whole or in part by fees, shall be re- 
quired by law to make a semi-annual report, under oath, to some 
officer to be designated by law, of all his fees and emoluments. 

ARTICLE XI. 

CORPORATIONS. 

§ 1. No corporation shall be created by special laws, or its 
charter extended, changed, or amended, except those for charitable, 
educational, penal or reformatory purposes, which are io be and ra- 
main under the patronage and control of the State, but the General 
Assembly shall provide, by general laws, for the organization of all 
corporations hereafter to be created. 

§ 2. All existing charters or grants of special or exclusive privi- 
leges, under which organization shall not have taken place, or which 
shall not have been in operation within ten days from the time this 
constitution takes effect, shall thereafter have no validity or effect 
whatever. 

§ 3. The General Assembly shall provide, by law, that in all 
elections for directors or managers of incorporated companies, every 
stocKholder shall have the right to vote, in person or by proxy, for 
the number of shares of stock owned by him, for as many persons 
as tnere are directors and managers to be elected, or to cumulate 
said shares, and give one candidate as many votes as the number 



APPENDIX. 225 

of directors multiplied by the number of his shares of stock, shall 
equal, or distribute them on the same principle among as many candi- 
dates as he shall think fit; and such directors or managers shall not 
be elected in any other manner. 

j 4. No law shall be passed by the General Assembly, granting 
the right to construct and operate a street railroad within any city, 
town, or incorporated village, without requiring the consent of the 
local authorities having the control of the street or highway proposed 
to be occupied by such street railroad. 

BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the State 
own or be liable for any stock in any corporation or joint stock com- 
pany or association for banking purposes, now created, or to be here- 
after created. No act of the General Assembly authorizing or 
creating corporations or associations, with banking powers, whether 
of issue, deposit or discount, nor amendments thereto, shall go into 
effect, or in any manner be in force, unless the same shall be sub- 
mitted to a vote of the people at the general election next succeed- 
ing the passage of the same, and be approved by a majority of all 
the votes cast at such an election for or against such law. 

§ 6. Every stockholder in a banking corporation or institution 
shall be individually responsible and liable to its creditors, over and 
above the amount of stock by him or her held, to an amount equal 
to his or her respective shares so held, for all its liabilities accru- 
ing while he or she remains such stockholder. 

§ 7. The suspension of specie payments by banking institutions, 
on their circulation^ created by the laws of this State, shall never 
be permitted or sanctioned. Every banking association now, or 
which may hereafter be, organized under the laws of this State, shall 
make and publish a full and accurate quarterly statement of its af- 
fairs (which shall be certified to, under oath, by one or more of its 
officers ) , as may be provided by law. 

§ 8. If a general banking law shall be enacted, it shall provide 
for the registry and countersigning, by an officer of State, of all 
bills or paper credit, designed to circulate as money, and require 
security, to the full amount thereof, to be deposited with the State 
treasurer, in United States or Illinois State stocks, to be rated at 
ten per cent, below their par value; and in case of a depreciation of 



226 ILLINOIS AND THE NATION. 

-aid >uuk> to the amount of ten per cent, below par, the bank or 
banks owning said stocks shall be required to make up said deficiency, 
by depositing additional stocks. And said law shall also provide 
for the recording of the names of all stockholders in such corpora- 
tion, the amount of stock held by each, the time of any transfer 
thereof, and to whom such transfer is made. 

RAILROADS. 

§ 9. Every railroad corporation organized or doing business in 
this State, under the laws or authority thereof, shall have and main- 
tain a public office or place in this State for the transaction of its 
business, where transfers of stock shall be made and in which shall 
be kept for public inspection books in which shall be recorded the 
amount of capital stock subscribed, and by whom; the names of the 
owners of its stock, and the amounts owned by them respectively; 
the amount of stock paid in, and by whom; the transfers of said 
stock; the amount of its assets and liabilities, and the names and 
places of residence of its officers. The directors of every railway 
corporation shall, annually, make a report, under oath, to the auditor 
of public accounts, or some officer to be designated by law, of all their 
acts and doings, which report shall include such matters relating 
to railroads as may be prescribed by law. And the General Assem- 
bly shall pass laws enforcing by suitable penalties the provisions cf 
this section. 

§ 10. The rolling stock, and all other movable property belong- 
ing to any railroad company or corporation in this State, shall be 
considered personal property, and shall be liable to execution and 
sale in the same manner as the personal property of individuals, and 
the General Assembly shall pass no law exempting any such property 
from execution and sale. 

§ 11. No railroad corporation shall consolidate its stock, prop- 
erty or franchises with any other railroad corporation owning a 
parallel or competing line; and in no case shall any consolidation 
take place except upon public notice given, of at least sixty days, to 
all stockholders, in such manner as may be provided by law. A 
majority of the directors of any railroad corporation, now incor- 
porated or hereafter to be incorporated by the laws of this State, 
shall be citizens and residents of this State, 



APPENDIX. 227 

§ 12. Railways heretofore constructed or that may hereafter 
be constructed in this State, are hereby declared public highways, 
and shall be free to all persons, for the transportation of their per- 
sons and property thereon, under such regulations as may be pre- 
scribed by law. And the General Assembly shall, from time to time, 
pass laws establishing reasonable maximum rates of charges for the 
transportation of passengers and freight on the different railroads in 
this State. 

§ 13. No railroad corporation shall issue any stock or bonds, 
except for money, labor or property, actually received, and applied 
to the purpose for which such corporation was created: and all stock 
dividends, and other fictitious increase of capital stock or indebted- 
ness of any such corporation, shall be void. The capital stock of 
no railroad corporation shall be increased for any purpose, except 
upon giving sixty days' public notice, in such manner as may be pro- 
vided by law. 

§ 14. The exercise of the power, and the right of eminent do- 
main shall never be so construed or abridged as to prevent the tak- 
ing, by the General Assembly, of the property and franchises of in- 
corporated companies already organized, and subjecting them to the 
public necessity the same as of individuals. The right of trial by 
jury shall be held inviolate in all trials of claims for compensation, 
when, in the exercise of the said right of eminent domain, any in- 
corporated company shall be interested either for or against the 
exercise of said right. 

§ 15*. The General Assembly shall pass laws to correct abuses 
and prevent unjust discrimination and extortion in the rates of 
freignt and passenger tariffs on the different railroads in this State, 
and enforce such laws, by adequate penalties, to the extent, if neces- 
sary for that purpose, of forfeiture of their property and franchises. 

ARTICLE XII. 

MILITIA. 

§ 1. The militia of the State of Illinois shall consist of all able 
bodied male persons, residents in the State, between the ages of 
eignteen and forty-five, except such persons as now are, or hereafter 
may be, exempted by the laws of the United States, or of this State. 

§ t. The General Assembly, in providing for the organization, 



ILLINOIS AND THE NATION. 

equipment and discipline of the militia, shall conform as nearly as 
practicable to the regulations for the government of the armies of 
the United States. 

§ 3. All militia officers shall be commissioned by the governor, 
and may hold their commissions for such time as the General As- 
sembly may provide. 

§ 4. The militia shall, in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during their attend- 
ance at musters and elections, and in going to and returning from 
the same. 

§ 5. The military records, banners and relics of the State shall 
be preserved as an enduring memorial of the patriotism and valor 
of Illinois, and it shall be the duty of the General Assembly to pro- 
vide by law for the safe keeping of the same. 

§ 6. No person having conscientious scruples against bearing 
arms, shall be compelled to do military duty in time of peace. Pro- 
vided, such person shall pay an equivalent for such exemption. 

AKTTCLE XIII. 

WAREHOUSES. 

§ 1. All elevators or storehouses where grain or other property 
is stored for a compensation, whether the property stored be kept 
separate or not, are declared to be public warehouses. 

§ 2. The owner, lessee or manager of each and every public 
warehouse situated in any town or city of not less than one hundred 
thousand inhabitants, shall make weekly statements under oath, be- 
fore some officer to be designated by law, and keep the same posto! 
in some conspicuous place in the office of said warehouse, and shall 
also file a copy for public examination in such place as shall be 
designated by law, which statement shall correctly set forth the 
amount and grade of each and every kind of grain in such warehouse, 
together with Buch other property as may be stored therein, and what 
warehouse receipts have been issued, and are, at the time of making 
such statement, outstanding therefor; and shall, on the copy posted 
in the warehouse, note daily such changes as may be made in the 
quantity and grade of grain in such warehouse; and the different 
grades of grain -hipped in separate lots, shall not be mixed with 
inferior or superior grades, without the consent of the owner or con- 
signee thereof. 



APPENDIX. 229 

§ 3. The owners of property stored in any warehouse, or holder 
of a receipt for the same, shall always be at liberty to examine su^h 
property stored, and all the books and records of the warehouse, in 
regard to such property. 

§ 4. All railroad companies and other common carriers on rail- 
roads shall weigh or measure grain at points where it is shipped, and 
receipt for the full amount, and shall be responsible for the delivery 
of such amount to the owner or consignee thereof, at the place of 
destination. 

§ 5. All railroad companies receiving and transporting grain 
in bulk or otherwise, shall deliver the same to any consignee thereof, 
or any elevator or public warehouse to which it may be consigned, 
provided such consignee or the elevator or public warehouse can be 
reached by any track owned, leased or used, or which can be used, 
by such railroad companies; and all railroad companies shall per- 
mit connections to be made with their track, so that any such con- 
signee, and any public warehouse, coal bank or coal yard, may be 
reached by the cars on said railroad. 

§ 6. It shall be the duty of the General Assembly to pass all 
necessary laws to prevent the issue of false and fraudulent warehouse 
receipts, and to give full effect to this article of the constitution, 
which shall be liberally construed so as to protect producers and 
shippers. And the enumeration of the remedies nerein named shall 
not be construed to deny to the General Assembly the power to 
describe by law such other and further remedies as may be found 
expedient, or to deprive any person of existing common iaw remedies. 

§ 7. The General Assembly shall pass laws for the inspection o* 
grain, for the protection of producers, shippers, and receivers of grain 
and produce. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

§ 1. Whenever two-thirds of the members of each house of the 
General Assembly shall, by a vote entered upon the journals thereof, 
concur that a convention is necessary to revise, alter or amend the 
constitution, the question shall be submitted to the electors at the 
next general election. If a majority voting at the election vote for a 
convention, the General Assembly shall, at the next session, provide 
for a convention, to consist of double the number of members of the 






23O ILLINOIS AND THE NATION. 

senate, to be elected in same manner, at the same places, and in the 
Bame districts. The General Assembly shall, in the act calling the 
convention, designate the day, hour and place of its meeting, fixing 
the pay of its members and officers, and provide for the payment of 
the same, together with the expenses necessarily incurred by the 
convention in the performance of its duties. Before proceeding, the 
members shall take an oath to support the constitution of the United 
States, and the State of Illinois, and to faithfully discharge their 
duties as members of the convention. The qualification of members 
shall be the same as that of members of the Senate, and vacancies oc- 
curring, shall be filled in the manner provided for filling vacancies in 
the General Assembly. Said convention shall meet within three 
months after such election, and prepare such revision, alteration or 
amendments of the constitution as shall be deemed necessary, which 
shall be submitted to the electors for their ratification or rejection, 
at an election appointed by the convention for that purpose, not le>s 
than two nor more than six months after the adjournment thereof; 
and unless so submitted and approved, by a majority of the electors 
voting at the election, no such revision, alteration or amendments 
fchall take effect. 

§ 2. Amendments to this constitution may be proposed in either 
house of the General Assembly, and if the same shall be voted for by 
two-thirds of all the members elected to each of the two houses, such 
proposed amendments, together with the yeas and nays of each house 
thereon, shall be entered in full on their respective journals, and said 
amendments shall be submitted to the electors of this State for adop- 
tion or rejection, at the next election of members of the General As- 
sembly, in such manner as may be prescribed by law. The proposed 
amendments shall be published in full at least three months preceding 
the election, and if a majority of the electors voting at said election 
shall vote for the proposed amendments, they shall become a part of 
this constitution. But the General Assembly shall have no power to 
propose amendments to more than one article of this constitution 
at the same session, nor to the same article oftener than once in 
four years. 

SECTIONS SEPARATELY SUBMITTED. 

ILLINOIS CENTRAL RAILROAD. 

No contract, obligation or liability whatever, of the Illinois 
Central Railroad Company, to pay any money into the State treasury, 



APPENDIX. 231 

nor any lien of the State upon, or right to tax property of said com- 
pany, in accordance with the provisions or the charter of said com- 
pany, approved February tenth, in the year of our Lord one thousand 
eight hundred and fifty-one, shall ever be released, suspended, modi- 
fied, altered, remitted, or in any manner diminished or impaired by 
legislative or other authority; and all moneys derived from said com- 
pany, after the payment of the State debt, shall be appropriated and 
set apart for the payment of the ordinary expenses of the State 
government, and for no other purposes whatever. 

MINORITY REPRESENTATION. 

(See Sections 7 and 8, Article 4.) 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS. 

No county, city, town, township, or other municipality, shall ever 
become subscriber to the capital stock of anv railroad or private cor 
poration, or make donation to or loan its credit in aid of such cor- 
poration. Provided, however, that the adoption of this article shall 
not be construed as affecting the right of any such municipality to 
make such subscriptions where the same have been authorized, under 
existing laws, by a vote of the people of such municipalities prior to 
such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased until 
the specific proposition for the sale or lease thereof shall first have 
been submitted to a vote of the people of the State, at a general elec- 
tion, and have been approved by a majority of all the votes pollel 
at such election. The General Assembly shall never loan the credit of 
the State, or make appropriations from the treasury thereof, in aid 
of railroads or canals. Provided, that any surplus earnings of any 
canal may be appropriated for its enlargement or extension. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this State, and to carry the same 
into complete effect, it is hereby ordained and declared: 

§ 1. That all laws in force at the adoption of this constitution, 
not inconsistent therewith, and all rights, actions, prosecutions, 
claims and contracts of this State, individuals, or bodies corporate, 



232 ILLINOIS AND THE NATION. 

shall continue to be as valid as if this constitution had not been 
adopted. 

§ 2. That all fines, taxes, penalties and forfeitures, due and 
owing to the State of Illinois under the present constitution and laws, 
shall inure to the use of the people of the State of Illinois, under this 
constitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments 
entered into or executed before the adoption of this constitution, to 
the people of the State of Illinois, to any State or county officer or 
public body, shall remain binding and valid; and rights and liabilities 
upon the same shall continue, and all crimes and misdemeanors shall 
be tried and punished as though no change had been made in the con- 
stitution of this State. 

§ 4. County courts for the transaction of county business in 
counties not having adopted tow T nship organization, shall continue in 
existence, and exercise their present jurisdiction until the board of 
county commissioners provided in this constitution, is organized ir: 
pursuance of an act of the General Assembly; and the county courts 
in all other counties shall have the same power and jurisdiction they 
now possess until otherwise provided by law. 

§ 5. All existing courts w T hich are not in this constitution specifi- 
cally enumerated, shall continue in existence and exercise their pres- 
ent jurisdiction until otherwise provided by law. 

§ G. All persons now filling any office or appointment shall con- 
tinue in the exercise of the duties thereof according to their respect- 
ive commissions or appointments, unless by this constitution it is 
otherwise directed. 

§ 7. On the day this constitution is submitted to the people for 
ratification, an election shall be held for judges of the supreme court 
in the second, third, sixth and seventh judicial election districts 
designated in this constitution, and for the election of three judges 
of the circuit in the County of Cook, as provided for in the 
article of this constitution relating to the judiciary, at which election 
every person entitled to vote, according to the terms of this constitu- 
tion, shall be allowed to vote, and the election shall be otherwise 
conducted, returns made, and certificates issued, in accordance with 



f Sort ions 7 to 17, both inclusive, providing for the submission of 
this constitution and voting thereon, by the people, become inoperative 
by the adoption of this constitution.] 



APPENDIX. 233 

existing laws, except that no registry shall be required at said elec- 
tion. Provided, that at said election in the County of Cook no elector 
shall vote for more than two candidates for circuit judge. If, upon 
canvassing the votes for any against the adoption of this constitution, 
it shan appear that there has been polled a greater number of votes 
against than for it, then no certificates of election shall be issued for 
any of said supreme or circuit judges. 

§ 8. This constitution shall be submitted to the people of the 
State of Illinois for adoption or rejection at an election to be held on 
the tirst Saturday in July, in the year of our Lord one thousand eight 
nundred and seventy, and there shall be separately submitted at the 
same time, for adoption or rejection, sections nine, ten, eleven, twelve, 
thirteen, fourteen and fifteen, relating to railroads, in the article en 
titled ''Corporations/' the article entitled "Counties," the article 
entitled "Warehouses," the question of requiring a three-fifths vote 
to remove a county seat, the section relating to the Illinois Central 
Railroad, the section in relation to minority representation, the sec- 
tion relating to municipal subscriptions to railroads or private cor- 
porations, and the section relating to the canal. Every person en- 
titled to vote under the provisions of this constitution, as defined in 
the article in relation to suffrage, shall be entitled to vote for the 
adoption or rejection of this constitution, and for or against the 
articles, sections and questions aforesaid, separately submitted, and 
the said qualified electors shall vote at the usual places of voting, un- 
less otherwise provided; and the said election shall be conducted, 
and returns thereof made, according to the laws now in force regu- 
lating general elections, except that no registry shall be required at 
said election, provided, however, that the polls shall be kept open 
for the reception of ballots until sunset of said day of election. 

§ 9. The secretary of State shall, at least twenty days before said 
election, cause to be delivered to the county clerk of each county, 
bxank poll-books, tally-lists, and forms of return, and twice the num- 
ber of properly-prepared printed ballots for the said election that 
there are voters in such county, the expense whereof shall be audited 
and paid as other public printing ordered by the secretary of State is, 
by law, required to be audited and paid, and the several county clerks 
shall, at least five days before said election, cause to be distributed 
to the board of election in each election district in their respective 
counties, said blank poll-books, tally-lists, forms of return, and 
tickets. 



234 ILLINOIS AND THE NATION. 

§ 10. At the said election the ballots shall be in the following 
form : 

NEW CONSTITUTION TICKET. 

For all the propositions on this ticket which are not canceled with 
ink or pencil, and against all propositions which are so canceled. 

For the new constitution. 

For the sections relating to railroads in the article entitled "Cor- 
porations." 

For the article entitled "Counties." 

For the article entitled "Warehouses." 

tor a three-fifths vote to remove county seats. 

For the section relating to the Illinois Central Railroad. 

For the section relating to minority representation. 

For the section relating to municipal subscriptions to railroads 
or private corporations. 

For the section relating to the canal. 

Each of said tickets shall be counted as a vote cast for each 
proposition thereon not canceled with ink or pencil, and against each 
proposition so canceled, and returns thereof shall be made accordingly 
by the judges of election. 

§ 11. The returns of the whole vote cast, and of the votes for 
the adoption or rejection of this constitution, and for or against the 
articles and sections respectively submitted, shall be made by the 
several county clerks as is now provided, by law, to the secretary of 
State, within twenty days after the election, and the returns of said 
votes shall, within five days thereafter, be examined and canvassed 
by the auditor, treasurer and secretary of State, or any two of them, 
in the presence of the governor, and proclamation shall be made by 
the governor forthwith of the result of the canvass. 

§ 12. If it shall appear that a majority of the votes polled are 
"for the new constitution," then so much of this constitution as was 
not separately submitted to be voted on by articles and sections, 
BhaH be the supreme law of the State of Illinois, on and after Mon- 
day, the eighth day of August, in the year of our Lord one thousand 
eight hundred and seventy; but if it shall appear that a majority of 
the votes polled were "against the new constitution," then so much 
thereof as was not separately submitted to be voted on by articles 
and sections, shall be null and void. 



APPENDIX. 235 

If it shall appear that a majority of the votes polled are "for the 
sections relating to railroads in the article entitled 'Corporations,'." 
sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen, re- 
lating to railroads in the said article, shall be part of the constitution 
of this State; but if a majority of said votes are against such sec- 
tions, they shall be null and void. It a majority of the votes polled 
are "for the article entitled 'Counties,' " such article shall be a 
part of the constitution of this State, and shall be substituted for 
article seven, in the present constitution entitled "Counties;" but 
if a majority of said votes are against such article, the same shall 
be null and void. If a majority of the votes polled are "for the 
article entitled 'Warehouses,' " such article shall be a part of the 
constitution of this State; but if a majority of the votes are against 
said article, the same shall be null and void. If a majority of the 
votes polled are for either of the sections separately submitted, re- 
lating respectively to the "Illinois Central Railroad," "minority rep- 
resentation," "municipal subscriptions to railroads or private cor- 
porations," and the "canal," then such of said sections as shall re- 
ceive such majority, shall be a part of the constitution of this State; 
but each of said sections so separately submitted, against which re- 
spectively there shall be a majority of the votes polled, shall be null 
and void. Provided, that the section relating to ''minority represen- 
tation" shall not be declared adopted unless the portion of the con- 
stitution not separately submitted to be voted on by articles and 
sections shall be adopted; and in case said section relating to "minor- 
ity representation" shall become a portion of the constitution, it 
shall be substituted for sections seven and eight of the legislative 
article. If a majority of the votes cast at such election shall be for 
a three-fifths vote to remove a county seat, then the words "a ma- 
jority" shall be stricken out of section four of the article on Counties, 
and the words "three-fifths" shall be inserted in lieu thereof, and 
the following words shall be added to said section, to wit: "But 
when an attempt is made to remove a county seat to a point nearer 
to the center of a county, then a majority vote only shall be neces- 
sary." If the foregoing proposition shall not receive a majority of 
the votes, as aforesaid, then the same shall have no effect whatever. 

§ 13. Immediately after the adoption of this constitution, the 
governor and secretary of State shall proceed to ascertain and fix 
the apportionment of the State for members of the First House of 



236 ILLINOIS AND THE NATION. 

Representatives under this constitution. The apportionment shall 
be based upon the federal census of the year of our Lord one thousand 
eight hundred and seventy, of the State of Illinois, and shall be made 
strictly in accordance with the rules and principles announced in the 
article on the legislative department of this constitution. Provided, 
that in case the federal census aforesaid cannot be ascertained prior 
to Friday, the twenty-third day of September, in the year of our Lord 
one thousand eight hundred and seventy, then the said apportion 
ment shall be based on the State census of the year of our Lord one 
thousand eight hundred and sixty-five, in accordance with the rules 
and principles aforesaid. The governor shall on or before Wednes- 
day, the twenty-eighth day of September, in the year of our Lord one 
thousand eight hundred and seventy, make official announcement of 
said apportionment, under the great seal of the State; and one hun- 
dred copies thereof, duly certified, shall be forthwith transmitted by 
the secretary of State to each county clerk for distribution. 

§ 14. The districts shall be regularly numbered by the secretary 
of State, commencing with Alexander county as number one, and 
proceeding then northwardly through the State, and terminating 
with the County of Cook, but no county shall be numbered as more 
than one district, except the County of Cook, which shall constitute 
three districts, each embracing the territory contained in the now 
existing representative districts of said county. And on the Tues- 
day after the first Monday in November, in the year of our Lord one 
thousand eight hundred and seventy, the members of the first House 
of Representatives under this constitution shall be elected according 
to the apportionment fixed and announced as aforesaid, and shall hold 
their offices for two years, and until their successors shall be elected 
and qualified. 

§ 15. The Senate, at its first session under this constitution, 
shall consist of fifty members, to be chosen as follows: At the gen- 
eral election held on the first Tuesday after the first Monday of No- 
vember, in the year of our Lord one thousand eight hundred and 
seventy, two senators shall be elected in districts where the term of 
senators expires on the first Monday of January, in the year of our 
Lord one thousand eight hundred and seventy-one, or where there 
shall be a vacancy, and in the remaining districts one senator shall 
be elected. Senators so elected shall hold their office two years. 




APPENDIX. 237 

§ 16. The General Assembly, at its first session held after the 
adoption of this constitution, shall proceed to apportion the State 
for members of the Senate and House of Representatives, in accord- 
ance with the provisions of the article on the Legislative department. 

§ 17. When this constitution shall be ratified by the people, the 
governor shall forthwith, after having ascertained the fact, issue 
writs of election to the sheriffs of the several counties of this State, 
or in case of vacancies, to the coroners, for the election of all the 
officers, the time of whose election is fixed by this constitution or 
schedule, and it shall be the duty of such sheriffs or coroners to give 
such notice of the time and place of said election as is now pre- 
scribed by law. 

§ 18. All laws of the State of Illinois, and all official writings, 
and the executive, legislative and judicial proceedings shall be con- 
ducted, preserved and published in no other than the English lan- 
guage. 

§ 19. The General Assembly shall pass all laws necessary to 
carry into effect the provisions of this constitution. 

§ 20. The circuit clerks of the different counties, having a popu- 
lation over sixty thousand, shall continue to be recorders (ex-officio) 
for their respective counties, under this constitution, until the ex- 
piration of their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, in 
lieu of any salary provided for in this constitution, receive the com- 
pensation now provided by law until the adjournment of the first 
session of the General Assembly after the adoption of this constitu- 
tion. 

§ 22. The present judge of the circuit court of Cook county shall 
continue to hold the circuit court of Lake county until otherwise 
provided by law. 

§ 23. When this constitution shall be adopted, and take effect 
as the supreme law of the State of Illinois, the two-mill tax provided 
to be annually assessed and collected upon each dollar's worth of 
taxable property, in addition to all other taxes, as set forth in article 
fifteen of the now existing constitution, shall cease to be assessed 
after the year of our Lord one thousand eight hundred and seventy. 

§ 24. Nothing contained in this constitution shall be construed 
as to deprive the General Assembly of power to authorize the City of 
Quincy to create any indebtedness for railroad or municipal pur- 



238 ILLINOIS AND THE NATION. 

poses for which tho people of said city shall have voted, and to which 
they shall have given, by such vote, their assent, prior to the thir- 
teenth day of December, in the year of our Lord one thousand eight 
hundred and sixty-nine. Provided, that no such indebtedness, so 
created, shall, in any part thereof, be paid by the State, or from any 
State revenue tax or fund, but the same shall be paid, if at all, by 
the said City of Quincy alone, and by taxes to be levied upon the tax- 
able property thereof. And provided, further, that the General As- 
sembly shall have no power in the premises that it could not exer- 
cise under the present constitution of this State. 

§ 25. In case this constitution and the articles and sections sub- 
mitted separately, be adopted, the existing constitution shall cease 
in all its provisions; and in case this constitution be adopted, and 
any one or more of the articles or sections submitted separately be 
defeated, the provisions of the existing constitution, if any, on the 
same subject, shall remain in force. 

§ 26. The provisions of this constitution required to be executed 
prior to the adoption or rejection thereof, shall take effect and be in 
force immediately. 

Done in convention at the capitol, in the city of Springfield, on 
the thirteenth day of May, in the year of our Lord one thousand eight 
hundred and seventy, and of the independence of the United States 
of America the ninty-fourth. 

The following amendment was adopted in 1886: 

Hereafter, it shall be unlawful for the commissioners of any peni- 
tentiary, or other reformatory institution in the State of Illinois, 
to let by contract to any person or persons, or corporations, the labor 
of any convict confined within said institution. 



APPENDIX. 



CONSTITUTION OF THE UNITED STATES. 



[Went into operation on the first Wednesday in March, 1789.] 

PREAMBLE. 

We, the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquility, provide for 
the common defense/ promote the general welfare, and secure the bless- 
ings of liberty to ourselves and our posterity, do ordain and estab- 
lish this Constitution for the United States of America. 

ARTICLE I. 

OF THE LEGISLATIVE POWER. 

§ 1. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

OF THE HOUSE OF REPRESENTATIVES. 

§ 2. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several States, and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according 
to their respective numbers, which shall be determined by adding 
to the whole number of free persons, including those bound to serv- 
ice for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in such 
manner as they shall J?y law direct. The number of Representatives 

239 



240 CONSTITUTION OF THE UNITED STATES. 

shall not exceed one for every thirty thousand, but each State shall 
have at least one Representative; and, until such enumeration shall 
be made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence plantations 
one, Connecticut five, New York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, North Carolina five, 
South Carolina five, and Georgia three. 

When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The House of Representatives shall choose their speaker and other 
officers; and shall have the sole power of impeachment. 

OF THE SENATE. 

§ 3. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, fcr six 
years ; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the ex- 
piration of the fourth year, and of the third class at the expiration cf 
the sixth year, so that one-third may be chosen every second year; 
and if the vacancies happen by resignation, or otherwise, during the 
recess of the legislature of any State, the executive thereof may make 
temporary appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they shall be equally divided. 

The Senate shall choose their other officers, and shall have a 
President pro tempore, in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the concur- 
rence of two-thirds of the members present. 



APPENDIX. 24I 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office of honor, trust or profit, under the United States; but the 
party convicted shall nevertheless be liable and subject to indictment 3 
trial, judgment and punishment according to law. 

MAXXER OF ELECTING MEMBERS. 

§ 4. The times, places and manner of holding elections for Sen- 
ators and Representatives, shall be prescribed in each State by the 
Legislature thereof : but the Congress may at any time, by law, make 
or alter such regulations, except as to the places of choosing Sen- 
ators. 

COXGRESS TO ASSEMBLE AXXUALLT. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

POWERS. 

§ 5. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall con- 
stitute a quorum to do business: but a smaller number may adjourn 
from day to day. and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, as each 
house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may. in their judg- 
ment, require secrecy ; and the yeas and nays of the members of 
either house on any question shall, at the desire of one-fifth of those 
present, be entered on the journal. 

Neither house, during the session of Congress, shall, without con- 
sent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

COMPENSATION, ETC., OF MEMBERS. 

§ 6. The Senators and Representatives shall receive a compen- 
sation, for their services, to be ascertained by law, and paid out of 



2+2 CONSTITUTION OF THE UNITED STATES. 

the Treasury of the United States. They shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest dur- 
ing their attendance at the session of their respective houses, and 
in going to and returning from the same; and for any speech or 
debate in either house, they shall not be questioned in any other 
I iace. 

No Senator or representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time; and no 
person holding any office under the United States, shall be a mem- 
ber of either house during his continuance in office, 

MANNER OF PASSING BILLS, ETC. 

§ 7. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the 
President of the United States; if he approve he shall sign it, but 
if not he shall return it, with his objections, to that house in which 
it shall have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of that house shall agree to pass the bill, it shall b 
sent, together with the objections, to the other house, by which it 
shall likewise be reconsidered, and if approved by two-thirds of that 
house, it shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner as 
if he had signed it, unless the Congress by their adjournment pre- 
vent its return, in which case it shall not be a law. 

Every order, resolution or vote, to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment), shall be presented to the President of 
the United States ; and before the same shall take effect, shall be ap- 
proved by him, or being disapproved by him, shall be repassed by 



APPENDIX. 



243 



two-thirds of the Senate and House of Representatives, according 
to the rules and limitations prescribed in the case of a bill. 



POWER OF CONGRESS. 

§ 8. The Congress shall have power to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide for the 
common defense and general welfare of the United States; but all 
duties, imposts and excises shall be uniform throughout the United 
States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the sev- 
eral States, and with the Indian Tribes; 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and 
naval forces; 

To provide for organizing, arming and disciplining the militia. 
Union; suppress insurrections and repel invasions; 

To provide for organizing, arming and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 



244 CONSTITUTION OF THE UNITED STATES. 

To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of par- 
ticular States, and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise like authority 
over all places purchased by the consent of the Legislature of the 
State in which the same shall be, for the erection of forts, maga- 
zines, arsenels, dockyards and other needful buildings; and 

To make all laws which shall be necesary and proper for carrying 
into execution the foregoing powers, and all other powers vested by 
this Constitution in the government of the United States, or in any 
department or officer thereof. 

LIMITATION OF THE POWER OF CONGRESS. 

§ 9. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im- 
portation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

]So bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce o.* 
revenue to the ports of one State over those of another; nor shall 
vessels bound to, or from, one State, be obliged to enter, clear or pay 
duties in another. 

No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be pub- 
lished from time to time. 

Xn title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office or title, of any kind whatever, from any king, prince or 
foreign State. 



APPENDIX. 245 

LIMITATION OF THE POWERS OF THE INDIVIDUAL STATES. 

§ 10. No State shall enter into any treaty, alliance or confedera- 
tion; grant letters of marque or reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a tender in payment 
of debts; pass any bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts or grant any title of nobility. 

No State shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws; and the net produce of 
all duties and imposts, laid by any State on imports or exports, shall 
be for the use of the treasury of the United States; and all such 
laws shall be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 

ARTICLE II. 

EXECUTIVE POW r ER. 

§ 1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term 
of four years, and together with the Vice President, chosen for the 
same term, be elected as follows: 

MANNER OF ELECTING. 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of Senators and Representatives to which the State may be enti- 
tled in the Congress; but no Senator or Representatives, or person 
holding an office of trust or profit under the United States, shall 
be appointed an elector. 

(The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an inhabit- 
ant o 4 f the same State as themselves. And they shall make a list of 
all the persons voted for, and of the number of votes for each; which 
list they shall sign and certify, and transmit sealed to the seat of 
the government of the United States, directed to the President of 



246 CONSTITUTION OF THE UNITED STATES. 

the Senate. The President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all the certificates, and 
the votes shall then be counted. The person having the greatest num- 
ber of votes shall be the President, if such number be a majority of 
the whole number of electors appointed; and if there be more than 
one who have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately chose by ballot 
one of them for President; and if no person have a majority, then 
from the five highest on the list the said House shall in like manner 
choose the President. But in choosing the president, the votes shall 
be taken by States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. In every case, after the choice of 
the President, the person having the greatest number of votes of the 
electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them 
by ballot the Vice-President.*) 

TIME OF CHOOSING ELECTORS. 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

WHO ELIGIBLE. 

No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this Constitution, shall be 
eligible to the office of President; neither shall any person be eligible 
to that office who shall not have attained the age of thirty-five years, 
and been fourteen years a resident within the United States. 

WHEN THE PRESIDENT'S POWER DEVOLVES ON THE VICE-PRESIDENT. 

In case of the removal of the President from office, or of his death, 
resignation or inability to discharge the powers and duties of the 
said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resigna- 
tion or inability, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall act 
accordingly until the disability be removed, or a President shall be 
elected. 



♦Altered by the 12th Amendment, 



APPENDIX. 247 

president's compensation. 
The President shall, at stated times, receive for his services a 
compensation which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not re- 
ceive within that period any other emolument from the United States, 
or any of them. 

OATH. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation: "I do solemnly swear (or affirm) 
that I will faithfully execute the office of President of the United 
States, and will, to the best of my ability, preserve, protect and de- 
fend the Constitution of the United States." 

POWERS AND DUTIES. 

§ 2. The President shall be Commander-in-Chief of the army and 
navy of the United States, and of the militia of the several States 
when called into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties 
of their respective offices, and he shall have power to grant reprieves 
and pardons for offenses against the United States, except in cases 
of impeachment. 

He shall have power, by and with the advice and consent of tho 
Senate, to make treaties, provided two-thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, Judges of the Supreme Court, and all other officers of 
the United States, whose appointments are not herein otherwise pro- 
vided for, and which shall be established by law; but the Congress 
may by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the Courts of law, or in the 
heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the senate, by granting commissions 
which shall expire at the end of their next session. 

§ 3. He shall, from time to time, give to the Congress informa- 
tion of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient ; he may, on 
extraordinary occasions, convene both houses or either of them, and 



248 CONSTITUTION OF THE UNITED STATES. 

in ease of disagreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed, and shall com- 
mission all the officers of the United States. 

OFFICERS REMOVED. 

§ 4. The President, Vice-President, and all civil officers of the 
United States, shall be removed from office, on impeachment for, and 
conviction of, treason, bribery, or other high crimes and misde- 
meanors. 

ARTICLE III. 

OF THE JUDICIARY. 

§ 1. The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior Courts as the Congress may 
from time to time ordain and establish. The Judges, both of the 
Supreme and inferior Courts, shall hold their offices during good be- 
havior, and shall, at stated times, receive for their services a com- 
pensation which shall not be diminished during their continuance 
in office. 

§ 2. (The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority; 
to all cases affecting ambassadors, other public ministers and consuls ; 
to all cases of admiralty and maritime jurisdiction, to controversies 
to which the United States shall be a party; to controversies be- 
tween two or more States, between a State and citizens of another 
State; between citizens of different States; between citizens of the 
same State claiming lands under grants of different States, and be- 
tween a State, or the citizens thereof, and foreign States, citizens 
or subjects.*) 

JURISDICTION OF SUPREME COURT. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases be- 
fore mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such regu- 
lations as the Congress shall make. 

*Alteredby the 11th Amendment. 



APPENDIX. 249 

OF TRIALS FOR CRIMES. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed within 
any State, the trial shall be at such place or places as the Congress 
may by law have directed. 

OF TREASON. 

§ 3. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving 
them aid and comfort. 

Xo person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act. or on confession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainer of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted, 

ARTICLE IV. 

STATE ACTS. 

§ 1. Full faith and credit shall be given in each State to the 
public acts, records and judicial proceedings of every other State. 
And the Congress may, by general laws, prescribe the manner in 
which such acts, records and proceedings shall be proved, and the 
effect thereof. 

PRIVILEGES OF CITIZENS. 

§ 2. The citizens of each State shall be entitled to all privileges 
and immunities of citizens to the several States. 

A person charged in any State with treason, felony or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from which 
he fled, be delivered up to be removed to the State having jurisdic- 
tion of the crime. 

RUNAWAYS TO BE DELIVERED OP. 

Xo person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation thereof, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service or 
labor may be due, 



250 CONSTITUTION OF THE UNITED STATES. 

NEW STATES. 

§ 3. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the juris- 
diction of any other State; nor any State be formed by the junction 
of two or more States, or parts of States, without the consent of 
the Legislatures of the States concerned as well as of the Congress. 

TERRITORIAL AND OTHER PROPERTY. 

The Congress shall have power to dispose of, and make all need- 
ful rules and regulations respecting the territory, or this property 
belonging to the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United States, 
or of any particular State. 

§ 4. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each of 
them against invasion; and, on application of the Legislature, or of 
the Executive (when the Legislature cannot be convened) against 
domestic violence. 

ARTICLE V. 

AMENDMENTS. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution; or, on 
the application of the Legislatures of two-thirds of the several 
States, shall call a Convention for proposing amendments, which, 'n 
either case, shall be valid to all intents and purposes, as part of this 
Constitution, when ratified by the Legislatures of three-fourths of 
the several States, or by Conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by Congress; 
provided, that no amendment which may be made prior to the year 
one thousand eight hundred and eight, shall in any manner affect the 
first and fourth clauses in the ninth section of the first Article; 
and that no State, without its consent, shall be deprived of its equal 
suffrage in the Senate. 

ARTICLE VI. 

DEBTS. 

All debts contracted, and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the Confederation. 



APPENDIX. 251 

SUPREME LAW OF THE LAXD. 

This Constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall 
be made, under the authority of the United States shall be the su- 
preme law of the land; and the Judges in every State shall be bound 
thereby, anything in the Constitution or laws of any State to tho 
contrary notwithstanding. 

OATK. — >~0 RELIGIOUS TEST. 

The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judicial 
officrs, both of the United States and of the several States, shall be 
bound by oath or affirmation to support this Constitution; but no 
religious test shall ever be required as a qualification to any office, 
or public trust, under the United States. 

ARTICLE VII. 

The ratifications of the Conventions of nine States shall be suffi- 
cient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention, by the unanimous consent of the States pres- 
ent, the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the Independence 
of the United States of America the twelfth. In witness whereof 
we have hereunto subscribed our names. 

GEORGE WASHINGTON, 
President and Deputy from Virginia, 

New Hampshire — John Langdon, Nicholas Gilman. Massachu- 
setts — Nathaniel Gorman, Rufus King. Connecticut — William 
Samuel Johnson, Roger Sherman. New York — Alexander Hamilton. 
New Jersey — William Livingston, David Brearley, William Patter- 
son, Jonathan Dayton. Pennsylvania — Benjamin Franklin, Thomas 
Miffin, Robert Morris, George Clmyer, Thomas Fitzsimmons, Jared 
Ingersoll, James Wilson, Gouverneur Morris. Delaware — George 
Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob 
Broom. Maryland — James M'Henry, Daniel of St. Tho. Jenifer, 
Daniel Carroll. Virginia — John Blair, James Madison, Jr. North 
Carolina — William Blount, Richard Dobbs Spaight, Hugh William- 



252 CONSTITUTION OF THE UNITED STATES. 

Bon. South Carolina — John Rutledge, Chas. Coatesworth Pinckney, 
Charles Pinckney, Pierce Butler. Georgia — William Few, Abraham 
Baldwin. Attest, William Jackson, Secretary, 

AMENDMENTS TO THE CONSTITUTION. 

[The first ten amendments were proposed by Congress at their 
first session, in 1789. The eleventh was proposed in 1794, and the 
twelfth in 1803.] 

ARTICLE I. 

FREE EXERCISE OF RELIGION. 

Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting a free exercise thereof; or abridging the free- 
dom of speech, or of the press; or the right of the people peaceably 
to assemble, and to petition the government for a redress of griev- 
ances. 

ARTICLE II. 

RIGHT TO BEAR ARMS. 

A well-regulated militia being necessary to the security of a free 
State, the right of the people to keep and bear arms shall not be in- 
fringed. 

ARTICLE III. 

NO SOLDIER TO BE BILLETED, ETC. 

No soldier shall, in time of peace, be quartered in any house with- 
out the consent of the owner ; nor in time of war, but in a manner 
to be prescribed by law. 

ARTICLE IV. 

UNREASONABLE SEARCHES PROHIBITED. 

The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated; and no warrants shall issue but upon probable cause, 
supported hy oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 



APPENDIX. 253 

ARTICLE V. 

CRIMINAL PROCEEDINGS. 

No person shall be held to answer for a capital or otherwise in- 
famous crime, unless on a presentation or indictment of a Grand 
Jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or public danger; nor 
shall any person be subject for the same offense to be put twice in 
jeopardy of life or limb: nor shall be compelled, in any criminal 
case, to be a witness against himself ; nor be deprived of life, liberty 
or property, without due process of law; nor shall private property 
be taken for public use without just compensation. 

ARTICLE VI. 

MODE OF TRIAL. 

In all criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and dis 
trict wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation; to be confronted with the 
witnesses against him; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of counsel for his 
defense. 

ARTICLE VII. 

RIGHT OF TRIAL BY JURY. 

In suits of common law. where the value in controversy shall ex- 
ceed twenty dollars, the right of trial by jury shall be preserved; 
and no fact tried by jury shall be otherwise re-examined in any Court 
of the* United States than according to the rules of the common law. 

ARTICLE VIII. 

BAIL. — FIXES. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 



254 CONSTITUTION OF THE UNITED STATES. 

ARTICLE IX. 

RIGHTS NOT ENUMERATED. 

The enumeration in the Constitution of certain rights, shall not 
be construed to deny or disparage others retained by the people. 



ARTICLE X. 

POWERS RESERVED. 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively or to the people. 

ARTICLE XI. 

LIMITATION OF JUDICIAL POWERS. 

The judicial power of the United States shall not be construed to 
extend to any suit in law of equity commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens 
or subjects of any foreign State. 

ARTICLE XII. 

ELECTION OF PRESIDENT. 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves; they shall 
name in their ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice-President; and they shall 
make distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of votes for 
each, which list they shall sign and certify, and transmit sealed to 
the Scat of the Government of the United States, directed to the 
President of the Senate; the President of the Senate shall in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted; the person having 
the greatest number of votes for President shall be the President, if 
such number be a majority of the whole number of electors appointed; 
and if no person have such a majority, then from the persons having 
the highest numbers, not exceeding three, on the list of those voted 



APPENDIX. 255 

for as President, the House of Representatives shall choose immedi- 
ately by ballot the President. But in choosing the President, the 
vote shall be taken by States, the representative from each State hav- 
ing one vote; a quorum for this purpose shall consist of a member 
or members from two-thirds of the States and a majority of all the 
States shall be necessary to a choice. And if the House of Represent- 
atives shall not choose a President,, whenever the right of choice 
shall devolve upon them, before the fourth day of March next fol- 
lowing, then the Vice-President shall act as President, as in the case 
of death or other Constitutional disability of the President. 

The person having the greatest number of votes as Vice-President 
shall be the Vice-President, if such number be a majority of the whole 
number of electors appointed; and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose 
the Vice-President : a quorum for that purpose shall consist of two- 
thirds of the whole number of Senators, and a majority of the whole 
number shall be necessary to a choice. 

But no person Constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 

[Ratified in 1S65.] 
ARTICLE XIII. 
§ 1. Neither Slavery nor involuntary servitude, except as a pun- 
ishment for crime, whereof the party shall have been duly convicted. 
shall exist within the United States, or any place subject to their 
jurisdiction. 

§ 2. Congress shall have power to enforce this article by appro- 
priate legislation. 

[Ratified in 1868.] 
ARTICLE XIV. 
§ 1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States, 
and of the State wherein they reside. Xo state shall make or enforce 
any law which shall abridge the privileges and immunities of citizens 
of the United States. Xor shall any State deprive any person of life, 
liberty or property, without due process of law, nor deny to any 
person within its jurisdiction the equal protection of the laws, 



256 CONSTITUTION OF THE UNITED STATES. 

§ 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num- 
ber of persons in each State, excluding Indians not taxed; but when- 
ever the right to vote at any election for electors of President and 
\ ice-President, or United States Representative in Congress, ex- 
ecutive and judicial officers, or the members of the Legislature there- 
of, is denied to Lny of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion or other crimes, 
the basis of representation therein shall be reduced in the proportion 
which the number of such male citizens shall bear to the whole num- 
ber of male citizens twenty-one years of age in that State. 

§ 3. No person shall be a Senator or Representative in Congress, 
elector or President and Vice-President, or hold any office, civil 01 
military, under the United States, or under any State, who, having 
previously taken an oath as a member of Congress, or as an officer 
of the United States, or as a member of any State Legislature, or as 
an executive or judicial officer of any Sate, to support the Constitu- 
tion of the United States, shall have engaged in insurrection or re- 
bellion against the same, or given aid or comfort to the enemies 
thereof; but Congress may by a vote of two-thirds of each House, 
remove such disability. 

§ 4. The validity of the public debt of the United States author- 
ized by law, including debts incurred for the payment of pensions and 
bounties for service in suppressing insurrection or rebellion, shall not 
be questioned; but neither the United States not any State shall as- 
sume to pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or 
emancipation of any slave, but all such debts, obligations, and claims 
shall be illegal and void. 

§ 5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

[Ratified in 1870.] 

ARTICLE XV. 

§ 1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State, on ac- 
count of race, color or previous condition of servitude. 

§ 2. Congress shall have power to enforce this Article by appro- 
priate legislation. 



INDEX, 

Page. 

Accidental President 163 

Adjutant-General 116 

Administrators, public 114 

Agriculture, department of 176 

Agriculture, State board of 105 

Aldermen 77, 78 

Alliances of States prohibited 186 

Ambassadors 171 

Amendments to constitution 188 

Annual town meeting 66 

Manner of voting 66 

Miscellaneous business 67 

Moderator 66 

Anti-trust law 145 

Appellate court district 125 

Appelate courts 46 

Decision 46 

Districts 46 

Jurisdiction 46 

Appointment, town board of 74 

Appointments, executive 39, 166 

Apportionment of school funds 84, 87, 92 

Apportionments, congressional 130 

Arbitration, State board of 112 

Architect, State 112 

Architects, State board of examiners Ill 

Army 150 

Articles of confederation 127 

Assessor 71 

Asylum for feeble-minded children 101 

The incurable insane .. . . 100 

Insane criminals 100 

Attorney-General, National 174 

State 44 

Auditor of public accounts 42 

Auditors, town board of 74 

Australian ballot 66 

Bankruptcy 146 

Base line in surveys • 9 

Blind, Industrial Home for 102 

Institution for the 101 

§57 



258 INDEX 

Page. 

Board of review 72 

Boards of Education 97 

State institutions 104 

Boundary of Illinois 8 

Canal commissioners 105 

Capitals of Illinois 7 

Charges d'Aff aires 171 

Charitable institutions \, 160 

Charters, special prohibited ^ 31 

Circuit circuits 47, 125 

Clerk 47 

Court of appeals 182 

Courts, National 183 

State 47, 125 

Jurisdiction 183, 48 

Cities and villages 77 

Citizen soldiers 116 

Citizenship 185 

City attorney . 81 

Clerk 79 

Council 77, 78 

Courts 80 

Marshal 81 

Civil rights 157, 187 

Service 167 

Coast survey 173 

Coasting trade 155 

Collector, county 85 

Town 72 

Commerce 144 

Commission of claims Ill 

Commissioner of customs 172 

Internal revenue 172,173 

Land office 175 

Patents 175 

Pensions 175 

Commissioners of labor 107 

Committee of the whole 26 

Comptroller, city 80 

Of the currency 173 

Compulsory education 96 

Congress 129 

Adjournments 139 

Journals 139 

Limitations 154 

Meetings 138 

Members. (See members of Congress.) 

Membership 138 



' 



INDEX 259 

Page. 

Powers ..... 140 

Quorum 138 

Rules 138 

Yeas and nays ..." 139 

Congressional districts of Illinois 118 

Constitution, National 128, 239 

State .8, 191 

Consular bureau 171 

Consuls 171 

Conventions, National 161 

Convict labor 102 

Copyrights and patents 148 

Coroner 64 

Acts as sheriff, when 65 

Corporation counsel 80 

Corporations, kinds of 42 

Correction lines 11 

Counterfeiting 148 

Counties, relation to State 50 

County board 70 

Clerk 58 

Commissions, board of . . 58 

Court 61 

Government -...- 55 

Organization 58 

Seats ....31, 55 

Superintendent of schools 87 

Court of claims . 184 

Courts of Cook county 48 

Credit, State cannot loan 33 

Cruelty to animals, prevention of 109 

Custom house 173 

Deaf and dumb, institution for 101 

Debts, illegal 188 

Public 189 

Declaration of Independence 127 

Deeds, commissioners of 114 

How recorded 60 

Dental surgeons, State board examiners Ill 

Departments, executive, National 170 

Heads of 170 

Agriculture 176 

Interior 175 

Justice 174 

Navy . ... 175 

Post-office 174 

State 170 

Treasury 172 

War , 173 



260 INDEX 

Page. 

Departments of government, State 17 

Diplomatic bureau 170 

Direct taxes 142, 155 

Directors, school ' 94 

Duties 95, 96, 97 

Election 94 

Organization 94 

District courts, National 184 

Judges 184 

Jurisdiction 183 

District of Columbia 151 

Districts, appellate court 46, 125 

Congressional 118 

Road 73 

School 91 

Senatorial 18, 120 

Supreme court 45, 124 

Domestic bureau 172 

Double corners in surveys 12 

Drainage 36, 73 

Duties 141, 155, 187 

Educational institutions 98 

Electoral count bill 159 

System 152, 161 

Ticket, State 162 

Envoys extraordinary 171 

Equalization of taxes, county 71 

State board of 105 

Town board of 74 

Executive department, cities — 79 

County 58 

National 157 

State :.... 37 

Town 69 

Expenditures 156 

Exports, duties on prohibited 155 

Eye and Ear Infirmary 101 

Factory, State inspector 115 

Farmer's Institute, Illinois 100 

Fish commissioners 107 

General Assembly 17 

Adjournment 27 

Contempt of 26 

Expenses 32 

Extra session 39 

How designated 18 

Journals 27 

Members. (See members of General Assembly.) 
Membership 22 



INDEX 261 

Page. 

Officers 1... 23 

Open doors 26 

Quorum 22 

Rules 22 

Time and place of meeting 18 

Governor, eligibility 38, 39 

Executive power 39 

Message 39 

Veto 29 

Grain inspectors 106, 115 

Grand divisions, supreme court 44, 123 

Grand jury, indictment by . 180 

Greenbacks 144 

Guide meridians 12 

Habeas corpus 154 

Health, State board of 104 

Public in towns 68 

Town board of 74 

High seas 149 

Highway^ commissioners 72 

Historical library 108 

Sketch, National 127 

State 7 

Homestead and exemption laws 36 

Horseshoers, State board of examiners Ill 

Hospital for the insane 100 

House of Representatives, National 129 

Officers 132 

House of Representatives, State: 

Clerk 24 

Committees 23 

Doorkeeper . . 24 

Enrolling clerk 25 

Employes 25 

Number of representatives 18 

Organization 25 

Postmaster 25 

Speaker 23 

Illinois Central Railroad 116 

Illinois & Michigan Canal 117 

Illinois, survey of ..--.. 14 

Territory 7 

Impeachment, National 133 

Trial of 136 

Impeachment, officers liable to, State 33 

Power of 34 

Punishment 34 

Trial of 34 

Trial of Governor 34 



262 INDEX 

Page. 

Indebtedness, release of prohibited 31 

Of State limited 33 

Indiana Territory 7 

Inuirect taxes 141 

Inferior courts 149, 177 

Inspectors of coal mines 109 

Insurance superintendent 115 

Interior, department of 175 

Inter-state commerce 144 

Commission 145 

Judges, National 180, 182, 183 

State: 

Appellate 46 

Circuit ■ 47 

County 61 

Probate 62 

Supreme 45 

Judicial department, cities 80 

County 61 

National 177 

State 44 

Town 75 

Judicial power . . 177 

Jury 179 

Grand 48 

Petit 49 

Justice, department of 174 

Justices of the Peace 75 

Appointed for Chicago 75, 113 

Jurisdiction 75 

Preliminary examination 76 

Labor statistics, bureau of 107 

Land, descriptions abbreviated 15 

How described 13 

How divided 9 

Law of nations 149 

Laws, ex post facto 155 

Amended or revived .-. 29 

Distribution of 42 

Must be printed when 28 

One subject 28 

Originate where 28 

Special prohibited 30 

Style of 27 

Take effect when 29 

Three readings 28 

Veto 29 

Voted upon, how 28 



INDEX 263 

Page. 

Legislative Department, cities . . . 77 

County 55 

National 129 

State 17 

Town 66 

Lieutenant-Governor 41 

President of senate 41 

Successor to governor 41 

Lighthouse board 173 

Limitations on the States 186 

Lincoln homestead trustees 108 

Monument commissioners '. . Ill 

Live stock commissioners 108 

Lotteries prohibited 35 

Marque and reprisal 150 

Master in chancery 47 

Mayor 79 

Message 79 

Members of Congress 136 

Disabilities . 140 

Election 134 

Eligibility 129, 136 

Oath 140 

Pay 139 

Privileges 140 

Members of General Assembly 18 

Disabilities 21 

Election 18 

Eligibility 20 

Expulsion 26 

Oath 20 

Pay 21 

Privilege 21 

Protest 27 

Term 20 

Vacancies 19 

Military Academy 174 

Militia 116, 151 

Miners, protection of 36 

Ministers Plenipotentiary 171 

Resident 171 

Minority representation 19 

Miscellaneous, National 185 

State 98 

Misdemeanor, denned 75 

Money, borrowing of 143 

Coining of 147, 186 

Natural history museum 108 

Naturalization 146 



264 INDEX 

Page. 

Navy 150, 151, 175 

Nobility, title of 156 

Normal School, Eastern Illinois 98 

Northern Illinois 98 

Southern Illinois 98 

State 98 

Western Illinois 99 

Northwest Territory 7 

Notaries Public 113 

Officers: 

Appointed by Governor. .104, 105, 106, 107, 108, 109, 110, 111, 

112, 113, 114, 115 

County Executive 58 

County Judicial 61 

House of Representatives 23 

Senate 23 

State, election of 37 

Pardons, State board of 112 

Patents 148, 175 

Pay, extra prohibited 33 

Penal and reformatory institutions * 102 

Penitentiary, Illinois State 102 

Southern Illinois 102 

Personal rights 178, 187, 189 

Pharmacy, Board of 110 

Piracy 149 

Plan of government 17 

Plumping 19 

Police magistrates 80 

Post-Office department 148, 174 

Postmaster-General , 148 

Postmasters, how appointed 148 

Powers of Congress 140 

Execution of 153 

Limitation of 154 

President 157 

Commander-in-Chief 164 

Eligibility 162 

How chosen 158 

Message 168 

Oath 164 

Salary 176 

Veto 168 

Presidential succession 162 

President's cabinet 176 

Principal meridian 9 

Meridians, location of 13 

Printer, expert 104, 115 

Privileges, special prohibited 31 



INDEX 265 

Page. 

Probate court 62 

Public charities, commissioners of 106 

Public land 7 

Public moneys and appropriations 32 

Railroad and warehouse commission 106 

Ranges in surveys 14 

Recorder of deeds 60 

Circuit clerk recorder, when 47 

Reformatory, State 103 

Register 173 

Religious freedom 157 

Representation 135, 185 

Reprieves and pardons 40, 165 

Requisitions 185 

Returning board, State 104 

Revenue, bills for .,. 133 

Rights reserved 186 

School funds 83 

Distribution of 84 

School sections 15 

School system 82 

Origin 82 

Relation to State 83 

Secretaries of Legation 171 

Secretary of Agriculture 176 

Interior . ; 175 

Navy 175 

State 41, 170 

Treasury 172 

Sections 10, 15 

Senate, National 134 

Executive powers 137, 166 

Officers 136 

Senate, State 17 

Secretary of . . . 24 

Senatorial districts 120 

Senators 134 

Eligibility 136 

How chosen 134 

Sergeant-at-Arms 24 

Sheriff 62 

Deputies 64 

Slavery 131, 154, 189 

Soldiers' and Sailors' Home 101 

Soldiers' Orphans' Home 101 

Soldiers' Widows' Home of Illinois 102 

State boards 104 

State contracts 34 

Commissions of r . . . . 104 



266 INDEX 

Page. 
State, department of 170 

State entomologist 114 

Food commissioner 113 

Game commissioner 115 

Geologist 108 

Government 17 

Expenses of 32 

Home for Juvenile Offenders 103 

Horticultural society 110 

Statehouse, new 36 

State library, commissioners of 108 

Mining board 109 

States, admission of 188 

Limitations on 186 

Rights of 185 

State's attorney 64 

State Superintendent 86 

Streets, superintendent of 80 

Superintendent of banking department 114 

Supervisor of assessments 72 

Supervisors 69 

Supervisors, assistant 70 

Board of 55 

Supreme court, National 177 

Judges of 177, 181, 182 

Jurisdiction 181 

Supreme court, State 44, 123 

Supreme law 189 

Surplus revenue 84 

Surveyor, county 61 

Taxes and duties 141 

Tenure of office bill 166 

Town boards 74 

Clerk 71 

Government 66 

Meetings, special 69 

Towns, incorporated 53 

Organized 51 

Township High School 92 

Lines 9 

Organization 52 

Survey system 9 

Congressional 9 

How described 13 

School 51 

Treason 180 

Treasurer, city 79 

County 59 

Highway commissioners 72 

State 43 

Township 93 



INDEX 267 

Page. 

Treasury, department of 172 

Treaties 165 

Trustees of schools 90 

University of Illinois 99 

Vacancies 132, 167 

Veterinarian, State 113 

Veto 29, 168 

Vice-President 136, 162 

Villages, trustees of 81 

Other officers 81 

Voters, legal 68 

War 187 

Department of 173 

Power to declare 149 

Wards in cities 78 

Weigh-masters, State 106 

Weights and measures 42, 147 



SEP 23 1899 



